Marvin Gene Pearson v. Larry Norris, Director, Arkansas Department of Correction

This is a habeas corpus case. The state of Arkansas argues that petitioner’s constitutional claims of ineffective assistance of counsel have been procedurally defaulted. The district court agreed. We reverse and remand.

I

In November of 1990, an Arkansas state court jury found petitioner, Marvin Gene Pearson, guilty of kidnapping, burglary, aggravated assault, terroristic threatening, and fleeing. At that time, the sole avenue in Arkansas for seeking relief based on ineffective assistance of counsel was to file a motion for a new trial after the trial court’s judgment. See In re Abolishment of…