Trials and making a record in Arkansas

The record for appeal is constructed in the trial court. Arkansas is one of the worst states in finding "procedural default." That is, the Arkansas appellate courts will go out of their way to avoid deciding the merits of a case if an objection was not properly stated or was incomplete or not fully ruled. The result is that the objection is never resolved on appeal. (It does not matter to Arkansas appellate courts that they are creating grounds for post-conviction relief for ineffective assistance of counsel for the trial lawyer's failure to properly protect the record.)

Therefore, it is vitally important that a person accused of crime retain a lawyer that is knowledgeable in making certain that the appellate record is protected at all stages of the proceedings in the trial court. Lawyers with appellate and capital case experience are the best at this. Appellate lawyers see the mistakes in appellate records made by other lawyers. Capital case lawyers by training and experience are always thinking of appeals and post-conviction issues when they try every case, no matter how small.