Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel

Stephanie Maniscalco//November 13, 2014//

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(1)Where a defendant in a first-degree murder case failed to raise claims regarding DNA evidence in his amended motion for post-conviction relief, the claims were waived on appeal, and the trial court did not err in overruling the defendant’s claims regarding the state’s failure to disclose certain DNA evidence because he did not show prejudice.

(2)Where a defendant in a first-degree murder case argued that his counsel was ineffective for failing to pursue a diminished capacity defense, the denial of post-conviction relief is affirmed because the trial court did not err in concluding that the defense strategy was reasonable, and the conviction is affirmed over the defendant’s remaining claims of ineffective assistance.

Judgment is affirmed.

Dorsey v. State (MLW No. 67134/Case No. SC93168 – 40 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur) Appealed from circuit court, Boone County, Carpenter, J. (Kent Denzel, Columbia, for appellant) (Shaun J. Mackelprang, Jefferson City, for respondent).

Read the full text of this opinion. (PDF)