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Criminal Law-Post-Conviction Relief-Ineffective Assistance of Counsel
Staff Report//April 1, 2026//
Defendant, who was convicted of drug possession pursuant to an Alford guilty plea, appealed the denial of his motion for post-conviction relief which alleged that trial counsel was ineffective for failing to litigate a motion to suppress evidence adequately because the seized evidence was obtained through a warrantless search, as the barn where it was found fell within the curtilage of a residence where defendant was allegedly living.
Where counsel presented the same arguments that defendant advanced in support of his post-conviction motion, the trial court did not err in concluding that counsel provided competent counsel, and his Fourth Amendment argument lacked merit in any event.
Judgment is affirmed.
Brooke v. State (MLW No. 84554/Case No. SD38980 – 8 pages) (Missouri Court of Appeals, Southern District, Nickell, J.) Appealed from circuit court, Ozark County, Gross, J. (Ellen H. Flottman, Columbia for appellant) (Evan Buccheim, Jefferson City for respondent)
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