Golden v. State

Summary

The Arkansas Supreme Court affirmed the denial of Jeffrey Golden’s petition for postconviction relief under Arkansas Rule of Criminal Procedure 37. Golden alleged that trial counsel was ineffective for failing to authenticate a movie-theater receipt supporting his alibi for one of the robberies. The court held that Golden failed to demonstrate a reasonable probability that the trial outcome would have been different, and therefore failed to establish prejudice under Strickland v. Washington.

Holdings

1. The circuit court did not clearly err in finding that Golden failed to demonstrate a reasonable probability that the jury would have reached a different verdict if counsel had subpoenaed the theater manager and bank vice-president to authenticate and corroborate the receipt.
2. The court denied counsel's request to set aside the circuit court's order denying postconviction relief in case number CR 2006-2512.

Questions Presented

1. Whether the circuit court clearly erred in finding that Golden failed to establish prejudice under Strickland based on trial counsel's failure to subpoena witnesses to authenticate and corroborate the movie-theater receipt.
2. Whether the Supreme Court of Arkansas should set aside the circuit court's separate postconviction-relief order entered under docket number CR 2006-2512.

Disposition

affirmed