Henington v. State

Summary

The Arkansas Supreme Court affirmed the denial of Danny Ray Henington’s petition for post-conviction relief under Arkansas Rule of Criminal Procedure 37. The court held that trial counsel was not ineffective for failing to pursue a rape-shield hearing because the record showed counsel developed the relevant evidence and made a strategic decision not to file the motion. The court also held that the circuit court’s written findings sufficiently complied with Rule 37.3(a).

Holdings

1. The circuit court did not err in denying an evidentiary hearing because the record conclusively showed that Henington was not entitled to postconviction relief.
2. The circuit court's written findings were sufficient because they identified the claims, stated the reasons for denying relief, and specified that the court had reviewed the pleadings and transcripts.
3. Henington failed to establish deficient performance by trial counsel, so his ineffective-assistance claim failed without consideration of prejudice.

Questions Presented

1. Whether the circuit court erred by denying Henington's Rule 37 petition without an evidentiary hearing.
2. Whether the circuit court's written findings were insufficient under Arkansas Rule of Criminal Procedure 37.3(a).
3. Whether trial counsel rendered ineffective assistance by failing to file a rape-shield motion and investigate alleged alternative sources of the victim's sexual knowledge.

Disposition

affirmed