Danny Ray Henington v. State of Arkansas

Summary

The Supreme Court of Arkansas affirmed the denial of Danny Ray Henington's Rule 37 petition, holding that the record conclusively showed he was entitled to no relief, so the circuit court did not err in refusing an evidentiary hearing: trial counsel made a record, obtained a limiting ruling under the rape-shield statute, elected not to file a written motion as a matter of trial strategy, and developed the victim's prior sexual knowledge through other trial testimony, defeating any showing of deficient performance and mooting the prejudice inquiry. The court further held that the circuit court's written findings complied with Rule 37.3(a) because they identified the claims, the reasons for denial, and the materials relied upon. Justice Danielson concurred, agreeing with the affirmance but reaching the first point differently: he would have found counsel should have filed the in camera rape-shield motion, while concluding Henington failed to show Strickland prejudice because he offered no evidentiary basis for the proposed evidence's admissibility.