Criminal Law: Ineffective Assistance of Counsel-Failure to Present Evidence

Appellant appealed the denial of his motion for post-conviction relief, which alleged ineffective assistance of counsel due to trial counsel’s failure to review or present evidence from the victim’s medical records that was favorable to the defense, and counsel’s failure to object to the state closing argument about the angle of the victim’s stab wound.

Where the victim’s medical evidence would have been cumulative of other evidence and undermined the defense strategy by presenting evidence of additional injuries and where the state’s argument was supported by the record, trial counsel’s performance was not ineffective.

Judgment is affirmed.

Dent v. State (MLW No. 79609/Case No. ED110430 – 10 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from circuit court, St. Louis County, Donnelly, J. (Nina McDonnell, Assistant Public Defender, for appellant) (Andrew Bailey, Attorney General, and Evan J. Buchheim, Assistant Attorney General, for respondent)