True v. State

Summary

The Arkansas Supreme Court affirmed the denial of Douglas David True’s pro se petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.1. The court rejected claims that trial counsel inadequately investigated the case, failed to obtain a timely mental evaluation, and improperly advised True regarding the possibility of the death penalty before his guilty plea. The court held that the plea was voluntary and intelligent and that counsel was not ineffective.

Holdings

1. The denial of postconviction relief will not be reversed absent clear error.
2. After a defendant pleads guilty, the cognizable Rule 37 claims are that the plea was not entered voluntarily and intelligently or that it was entered without effective assistance of counsel.
3. A defendant seeking to withdraw a guilty plea based on ineffective assistance must show both that counsel's representation fell below an objective standard of reasonableness and that, but for counsel's errors, there is a reasonable probability the defendant would not have pleaded guilty and would have insisted on trial.
4. True did not establish ineffective assistance based on counsel's alleged failure to investigate the case or develop an affirmative defense.
5. True failed to prove prejudice from counsel's alleged failure to request a mental evaluation earlier or obtain complete military medical records.
6. Counsel's advice that True faced a possible death sentence was not erroneous, and the circuit court did not clearly err in finding that True's guilty plea was voluntary and intelligent.
7. Voluntary intoxication does not negate criminal intent under Arkansas law, and the nature and extent of injuries may support an inference of intent despite a defendant's claimed lack of memory.

Questions Presented

1. Whether trial counsel was ineffective for failing to investigate the case and develop an affirmative defense based on mental disease or defect.
2. Whether trial counsel was ineffective for failing to obtain a mental evaluation and complete military medical records before advising True to plead guilty.
3. Whether True's guilty plea was involuntary or resulted from ineffective assistance because counsel advised him that he faced a possible death sentence even though the prosecutor had not formally filed notice of intent to seek the death penalty.

Disposition

affirmed