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Criminal Law: Ineffective Assistance-Resisting Arrest-Sufficiency of Evidence
Staff Report//March 27, 2020//
Criminal Law: Ineffective Assistance-Resisting Arrest-Sufficiency of Evidence
Staff Report//March 27, 2020//
Where a defendant challenged the denial of his motion for a new trial, arguing that the trial court had authority to hear his ineffective-assistance claim, the claim was not timely raised before the court, so the court did not err in deciding not to review the claim for plain error but to instead enforce the mandatory time limitations of a motion for a new trial, and by affirmatively admitting his guilt for resisting arrest at trial in opening and closing arguments, the defendant waived his sufficiency of evidence claim, so the judgment is affirmed.
Judgment is affirmed.
State v. Nickels (MLW No. 74737/Case No. ED107682 – 23 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis City, McGraugh, J.) (Steven Kratky for appellant) (Nathan J. Aquino for respondent).
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