Russell v. State

Robert H. Dudley, Justice.

Appellant was convicted of first degree murder and sentenced to life imprisonment. His appeal was never perfected. He filed a petition in the trial court for post-conviction relief pursuant to A.R.Cr.P. Rule 37. The primary allegation in the petition is that appellant was denied effective assistance of counsel. The trial court denied the petition. We reverse and remand for a new trial because appellant was denied effective assistance of counsel.

Counsel is presumed to be competent. Ross v. State, 292 Ark. 663, 732 S.W.2d 143 (1987). Further, to prevail on an argument…