Humphrey v. State

The appellant, Jackie Humphrey, appeals from the denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. The appellant alleged in the sworn affidavit filed in support of his petition that his trial counsel was ineffective. In answer to the petition, the appellant's trial counsel filed a detailed affidavit refuting the allegations in the appellant's petition. The trial court reviewed both affidavits and denied the petition without an evidentiary hearing. On appeal, the appellant argues that the circuit court erred in not holding an evidentiary hearing because,…