Nance v. State

The appellant, Eric Randall Nance, was convicted of capital felony murder and sentenced to die by lethal injection. This Court affirmed the conviction and sentence in Nance v. State, 323 Ark. 583, 918 S.W.2d 114 (1996). Appellant filed a petition for certiorari with the United States Supreme Court, seeking review of this Court's decision. The Supreme Court denied certiorari. Appellant filed a timely petition for relief under Rule 37 of the Arkansas Rules of Criminal Procedure, alleging, among other things, that his trial counsel provided ineffective representation during the trial and penalty phases of his trial. Appellant requested a hearing. The State filed a motion for summary judgment on the pleadings on November 12, 1997. Appellant filed a response. On December 3, 1998, without having held a hearing, the trial court issued an order denying appellant's petition for postconviction relief. It is from that order that appellant brings the instant appeal. On appeal, appellant asserts the following: