For the second time this year, the Arkansas State Supreme Court has denied the claim that a Pine Bluff man's lawyer was ineffective during the man's murder trial on a 2005 homicide.
For the second time this year, the Arkansas State Supreme Court has denied the claim that a Pine Bluff manís lawyer was ineffective during the manís murder trial on a 2005 homicide.
In February, the high court rejected the claim by Ricky Strain that his lawyer failed to ask for a trial separate from a co-defendant, failed to make a complete argument for a directed verdict, and to seek the proper jury instructions for accomplice liability.
Strain and Walter Sims were convicted of first-degree murder in the Sept. 6, 2005, shooting death of Wade Miller, 41, who was found in the yard of a house in the 1100 block of Florida Street, and was taken to Jefferson Regional Medical Center where he was pronounced dead.
Following a trial in 2008, Sims was sentenced to 50 years in prison and Strain to 25 years, and both were required to serve 70 percent of their sentences before being eligible to apply for parole.
Last year, the high court rejected an appeal by Sims.
In the latest appeal, Strain contended that the high court erred with regard to his previous appeal, specifically on jury instructions dealing with accomplice liability.
The court said however that after examining the previous ruling, no errors of fact or law were found that would warrant a rehearing for Strain on the ineffective assistance of counsel claim.