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

Staff Report//April 1, 2026//

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Defendant, who had been convicted of unlawful use of a weapon and assault involving a domestic altercation with his mother who had called police, appealed the denial of his motion for post-conviction relief, which alleged that trial counsel was ineffective for failing to request or submit jury instructions on general self-defense and the castle doctrine or failing to object to the state’s admission of a video of defendant threatening a police officer several hours before the charged offense.

Where counsel chose to negate the element of force in each offense, counsel had pursued a reasonable trial strategy and was not ineffective for deciding not to pursue a self-defense strategy, and defendant had already litigated the admission of the video on direct appeal.

Judgment is affirmed.

Burst v. State (MLW No. 84547/Case No. ED113827 – 12 pages) (Missouri Court of Appeals, Eastern District, Navarro-McKelvey, J.) Appealed from circuit court, Ste. Genevieve County, Sechrest, J. (Matthew G. Mueller for appellant) (Nathan J. Aquino for respondent)