Criminal Law: Ineffective Assistance of Counsel-Failure to Investigate Mental Health

Defendant appealed the denial of his motion for post-conviction relief, arguing that his trial counsel was ineffective for failing to investigate defendant’s mental health to determine if he was competent to plead guilty or to be sentenced.

Where defendant had been hospitalized due to a schizophrenia diagnosis and suicidal ideation and had previously been found incompetent, trial counsel should have conducted a meaningful investigation where counsel was so concerned about defendant’s mental health that he would not let defendant speak at the sentencing hearing.

Judgment is vacated and remanded.

Hecker v. State (MLW No. 79615/Case No. WD84950 – 21 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Livingston County, Adkins, J. (Jeffrey C. Esparza, Kansas City, for appellant) (Karen L. Kramer, Jefferson City, for respondent)