Arkansas Supreme Reverses Drug Conviction Of 12-Time Felon Conley

Vernell Conley

Vernell Conley

Friday, April 18, 2014

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FAYETTEVILLE -- A 12-time felon caught a 30-year break Thursday when the Arkansas Supreme Court reversed and ordered dismissed his 2010 convictions for possession of marijuana and possession of a set of scales considered drug paraphernalia.

Vernell Conley, 41, of Fayetteville was convicted in August 2010 of delivery of crack cocaine, possession of marijuana and possession of drug paraphernalia by a Washington County Circuit Court jury. Conley's sentences were enhanced because he was considered a habitual offender. He was sentenced to 97 years at the Arkansas Department of Correction.

Conley had prior convictions for 11 felony drug charges and one federal count of forgery.

After his 2010 conviction, Conley unsuccessfully appealed to the Arkansas Court of Appeals, then sought post-conviction relief from the trial court. Circuit Judge William Storey rejected Conley's argument.

On appeal to the Arkansas Supreme Court, Conley argued there wasn't enough evidence to prove the marijuana and scales hidden on top of a cabinet in the laundry room of the home he shared with his wife and family belonged to him. The six-year marijuana sentence was to run concurrently with other sentences and a 30-year sentence for the scales was to run consecutively.

The Supreme Court agreed with Conley on the pot and paraphernalia charges but allowed the other convictions and sentences to stand. The court also agreed with Conley that his attorney was ineffective for not making a sufficient argument against the sufficiency of the evidence on the two charges. The justices said the case would have been reversed by the Court of Appeals had Conley's lawyer made the argument.

Conley also objected to a prosecutor referring to him as a "drug dealer" during the sentencing portion of the trial, claiming it prejudiced the jury. Conley's attorney objected to the comment, but didn't obtain a ruling from the judge that he would have needed to make that argument to a higher court.

NW News on 04/18/2014