Free Newsletter
Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Plea Deal
Stephanie Maniscalco//May 22, 2017
Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Plea Deal
Stephanie Maniscalco//May 22, 2017
Where a defendant in a rape and assault case argued that his counsel was ineffective for failing to investigate the case and for comments made about a plea deal, the factual allegations in the defendant’s motion did not make a case for ineffective assistance of counsel, and counsel’s comments about the strength of the state’s case and the risks of trial showed the exercise of professional discretion, so the trial court did not err in dismissing the motion for post-conviction relief without an evidentiary hearing.
Judgment is affirmed.
Lowery v. State (MLW No. 70556/Case No. SD34607 – 13 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from circuit court, Hickory County, Hackett, J.
Read the full text of this opinion. (PDF)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Supreme Court hears challenge to KC police funding
- Missouri Lawyers Media’s legal coverage commended
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
