Criminal Law: Post-Conviction Relief-Ineffective Assistance of Trial Counsel

Defendant appealed the denial of his motion for post-conviction relief, alleging ineffective assistance of trial counsel due to counsel’s failure to advise him of possible defenses based on his mistaken belief that he possessed a different controlled substance than charged.

Where defendant did not know that a defense claiming that he believed he possessed ecstasy instead of methamphetamine was beyond the knowledge of a layperson, defendant could not demonstrate that he was prejudiced by counsel’s conduct. Defendant also could not show that his alleged defense was viable because the law did not make a distinction between controlled substances.

Judgment is affirmed.

Gaines v. State (MLW No. 82273/Case No. ED112160 – 7 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appeal from circuit court, Cape Girardeau County, Lipke, J. (Matthew W. Vineyard, Assistant Public Defender, for appellant) (Andrew Bailey, Attorney General; Evan J. Buchheim, Assistant Attorney General; and  Riley A. O’Shaughnessy, Assistant Attorney General for respondent)