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Sumlin v. State

Supreme Court of Arkansas
Jan 23, 1995
891 S.W.2d 375 (Ark. 1995)

Summary

dismissing complaint without leave to amend because failure to process a grievance did not implicate a protected liberty interest

Summary of this case from McKenzie v. Banuelos

Opinion

CR 94-362

Opinion delivered January 23, 1995

ATTORNEY CLIENT — INEFFECTIVE ASSISTANCE OF COUNSEL — WHEN SUCH A POINT MAY BE RAISED. — Ineffective assistance of counsel may not be raised as a point of direct appeal unless the issue has been considered by the Trial Court, e.g., on a motion for new trial.

Appeal from Columbia Circuit Court; John Graves, Judge; affirmed.

Bethell, Callaway, Robertson, Beasley Cowan, by: Matthew J. Ketcham, for appellant.

Winston Bryant, Att'y Gen., by: Brad Newman, Asst. Att'y Gen., for appellee.


Undra Sumlin was convicted of two counts of delivery of cocaine and one count of conspiracy to deliver cocaine. He was sentenced as an habitual offender to 66 years imprisonment. His points of appeal relate only to his contention that his trial counsel was ineffective.

Ineffective assistance of counsel may not be raised as a point of direct appeal, Harrison v. State, 303 Ark. 247, 796 S.W.2d 329 (1990), unless the issue has been considered by the Trial Court, e.g., on a motion for new trial. Missildine v. State, 314 Ark. 500, 863 S.W.2d 813 (1993). See also Knappenberger v. State, 278 Ark. 382, 647 S.W.2d 417 (1983); Hilliard v. State, 259 Ark. 81, 531 S.W.2d 463 (1976).

Affirmed.


Summaries of

Sumlin v. State

Supreme Court of Arkansas
Jan 23, 1995
891 S.W.2d 375 (Ark. 1995)

dismissing complaint without leave to amend because failure to process a grievance did not implicate a protected liberty interest

Summary of this case from McKenzie v. Banuelos

dismissing complaint without leave to amend because failure to process a grievance did not implicate a protected liberty interest

Summary of this case from McKenzie v. Banuelos
Case details for

Sumlin v. State

Case Details

Full title:Undra SUMLIN v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Jan 23, 1995

Citations

891 S.W.2d 375 (Ark. 1995)
891 S.W.2d 375

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