Harmon v. State

Page 433

[Copyrighted Material Omitted]

Page 434

[Copyrighted Material Omitted]

Page 435

          APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NO. 60CR-12-515], HONORABLE LEON JOHNSON, JUDGE

          Henry Harmon, pro se appellant.

         Leslie Rutledge, Att’y Gen., by: Adam Jackson, Ass’t Att’y Gen., for appellee.

          OPINION

         ROBERT J. GLADWIN, Judge

          Henry A. Harmon appeals the Pulaski County Circuit Court’s order denying his petition for postconviction relief pursuant to Rule 37.1 of the Arkansas Rules of Criminal Procedure (2018). Harmon argues in five points on appeal that his trial counsel was ineffective and that the circuit court erred in its rulings. We affirm.

          I. Procedural History

         Harmon was convicted in the Pulaski County Circuit Court of first-degree murder, two counts of aggravated robbery, and aggravated assault and was sentenced to a total of 105 years’ imprisonment. He appealed, and this court affirmed his conviction. See Harmon v. State, 2014 Ark.App. 70, 2014 WL 333497. Harmon filed a petition for review with the Arkansas Supreme Court, which granted the petition, vacated this court’s opinion, reversed, and remanded to the circuit court, holding that the circuit court had abused its discretion by excluding DNA evidence. See Harmon v. State, 2014 Ark. 391, 441 S.W.3d 891.

          Harmon was tried again on December 8-9, 2015, but it ended in a mistrial. On March 8, 2017, Harmon entered into a negotiated plea in which he pled guilty to amended charges of manslaughter and

Page 436

robbery and received consecutive sentences of five years’ and forty years’ imprisonment, respectively. He filed a timely pro se petition for postconviction relief under Rule 37, arguing that he had received ineffective assistance of counsel. After a hearing, the circuit court filed an order on May 29, 2018, in ...