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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Staff Report//August 3, 2023//
Defendant appealed the denial of his post-conviction motion alleging ineffective assistance of counsel due to counsel’s alleged failure to discuss what conduct defendant was unwilling to plead guilty to, since it would have enabled counsel to make a plea counteroffer that would have exposed defendant to less punishment.
Where defendant did not allege that counsel failed to communicate a plea offer to him or provided bad advice about an offer, his claims of ineffective assistance of plea counsel based on a hypothetical counteroffer necessarily failed.
Judgment is affirmed.
O’Brien v. State (MLW No. 80286/Case No. SD37779 – 6 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Greene County, Holden, J.
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