Criminal Law: Post-Conviction Relief-Failure to Present Self-Defense Evidence

Staff Report//March 29, 2024//

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Defendant appealed the denial of his motion for post-conviction relief, which alleged that trial counsel was ineffective for failing to adduce testimony that would support defendant’s assertion of self-defense/defense-of-others based on his belief that an individual at the scene of the crime was armed.

Where trial counsel asked defendant multiple non-leading questions that would allow defendant to explain why he used deadly force, counsel’s performance was not deficient for failing to use leading questions where such questioning could have drawn a successful objection and could have resulted in testimony from defendant that the state could have impeached.

Judgment is affirmed.

Caldwell v. State (MLW No. 81306/Case No. WD85729 – 10 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Burnett, J. (John Stephen Esposito, Kansas City, MO for appellant) (Richard Anthony Starnes, Jefferson City, for respondent)