By Ray King
The Arkansas Court of Appeals on Wednesday rejected claims by a Jefferson County man who said his lawyer was ineffective.
Tony Boykins, 41, is serving a 40-year prison sentence after being convicted of first-degree murder with the use of a fireram in the July 11, 2011, shooting death of Brian Keith Smith during an altercation between Smith and Boykins brother Terrell.
In his appeal, Boykin contended that Attorney Greg Robinson was ineffective for failing to adequately advise him of the ramifications of not testifying at trial, advising him that there was police dash-cam footage of another suspect, effectively cross examine witnesses and call crime scene witnesses who would exonerate him.
Regarding the first point, the trial record confirmed that Robinson did advise Boykin of the right to testify in open court. In addition the appeals court said there were four witnesses who testified they saw Boykins shoot Smith and Boykins failed to show how the trial outcome would have been different if he testified.
Likewise, Boykins failed to provided any reason Robinson’s failure to use the dash-cam footage, if there was a failure, would have made a difference.
Boykins also said in his appeal that Robinson failed to call witnesses, specifically his brother, who would have exonerated him. Robinson said he did talk to Terrell but Terrell refused to testify.
Boykins is serving his sentence at the Ouachita River Unit of the Department of Corrections and will be eligible to apply for parole May 22, 2052.
