Hill v. State

This matter is before us on a petition for permission to proceed under A.R.Cr.P. Rule 37. The appellant was convicted of capital murder and sentenced to death. His conviction was appealed to this Court and affirmed in Hill v. State, 289 Ark. 387, 713 S.W.2d 233 (1986), cert. denied, —U.S.-, 107 S. Ct. 1331 (1987). The petition seeks permission to proceed under Rule 37 on the ground of ineffective assistance of counsel, at both the guilt phase and penalty phase of the trial.

In order to be entitled to proceed pursuant to Rule 37 the petitioner must show that defense counsel was not only…