Criminal Law-Motion to Set Aside Conviction-Ineffective Assistance of Counsel

Staff Report//June 10, 2026//

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Defendant appealed the denial of his motion to set aside his conviction, which alleged that trial counsel was ineffective for failing to remedy defendant’s difficulty in hearing the trial proceedings, which took place under COVID-19 related precautions such as masking and social distancing. Defendant claimed that he had partial hearing loss in both ears and alleged that he had advised counsel of his hearing loss before and during trial.

Where the record did not support a finding that defendant was unable to understand the proceedings but instead that the trial court ordered repeated questions or answers when defendant stated that he could not hear or understand, counsel’s performance was not deficient.

Judgment is affirmed.

Franklin v. State (MLW No. 84905/Case No. SD38956 – 14 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Jasper County, Dankelson, J. (Lindsey L. Wiederholt, Kansas City for appellant) (Evan Buchheim, Jefferson City for respondent)