Fretwell v. State

Petitioner Bobby Ray Fretwell was found guilty of capital felony murder and sentenced to death. We affirmed. Fretwell v. State, 289 Ark. 91, 708 S.W.2d 630 (1986). Petitioner now seeks an evidentiary hearing in circuit court pursuant to Criminal Procedure Rule 37 on the ground that he was not afforded effective assistance of counsel in either the guilt or penalty phases of his bifurcated trial.

Petitioner initially argues that counsel was ineffective in the sentencing phase in that he failed to object to the submission to the jury of “pecuniary gain” as an aggravating circumstance. Petitioner…