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

Staff Report//June 24, 2026//

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Defendant appealed the denial of his motion for post-conviction relief, which alleged that trial counsel inaccurately advised him that he could appeal the waiver of his right to testify, which caused defendant to unknowingly waive that right and give up the opportunity to provide exculpatory testimony.

Where trial counsel advised defendant not to testify for strategic reasons and told defendant he had the right to appeal but not the specific ability to appeal the waiver of his right to testify, the record supported finding that defendant made a knowing and voluntary waiver of his right.

Judgment is affirmed.

Booker v. State (MLW No. 84985/Case No. SD38874 – 13 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Greene County, Myers, J. (Christina Lehmberg, Columbia and Annette Marguerite Wallace, Kansas City for appellant) (Wensdai Brooks, Jefferson City for respondent)