Summary
This Arkansas Supreme Court opinion addresses a pro se appeal from the denial of post-conviction relief under Rule 37.1 by defendant Terry Antonio Lee. The court remands the case to the trial court for additional specific findings of fact regarding Lee's claim of ineffective assistance of counsel for failing to make sufficient directed-verdict motions. Additionally, the court orders the trial court to settle and supplement the appellate record by including transcripts from evidentiary hearings that were previously omitted due to unpaid costs.
Topics
Practice areas
Questions Presented
- Whether the trial court’s denial of Lee’s Rule 37.1 petition was clearly erroneous under the clear‑error standard.
- Whether Lee satisfied the Strickland test for ineffective assistance of counsel with respect to counsel’s failure to file sufficient directed‑verdict motions.
Holdings
- The Supreme Court of Arkansas remands the case to the trial court for additional findings of fact concerning Lee’s ineffective‑assistance‑of‑counsel claim regarding directed‑verdict motions and orders the record to be settled and supplemented within sixty days.
Key quotations
“We remand the matter to the trial court for findings of fact addressing Lee’s ineffective‑assistance‑of‑counsel claim with respect to counsel’s motions for directed verdict, which should address whether the directed‑verdict motions made by counsel and found insufficient by the court of appeals, constituted deficient performance under the Strickland standard and whether Lee was prejudiced as a result.” (at 5)
“When the remand has been returned, Lee’s supplemental brief will be due forty days after the matter has been returned to this court.” (at 7)
Factual background
Lee was convicted of a terrorist act, attempted first‑degree battery, and four counts of aggravated assault, receiving a total sentence of 1020 months. He asserted that his trial counsel was ineffective and raised numerous procedural claims in Rule 37.1 petitions.
Procedural history
Lee was convicted of multiple offenses and sentenced to 1020 months. The convictions were affirmed by the Arkansas Court of Appeals. Lee filed successive Rule 37.1 petitions alleging ineffective assistance of counsel and other errors. The trial court denied relief. Lee filed a belated appeal and proceeded in forma pauperis. The Supreme Court of Arkansas reviewed the denial and remanded for additional findings of fact.
Remand instructions
The trial court shall settle the record by including the transcripts of the two evidentiary hearings, make additional findings of fact regarding Lee’s ineffective‑assistance‑of‑counsel claim concerning directed‑verdict motions, and file a supplemental order within sixty days. Lee’s supplemental brief is due forty days after the matter is returned; no new claims may be raised.