Criminal Law: Post-Conviction Relief Ineffective Assistance of Counsel

Defendant appealed the denial of his motion for post-conviction relief alleging ineffective assistance of counsel. Defendant was convicted for rape and sodomy. On appeal, defendant argued that trial counsel failed to move to exclude evidence of a prior expunged conviction, failed to exclude a witness on grounds of relevance when their testimony allegedly constituted impermissible bad character evidence, failed to challenge psychologist testimony opining that the victim’s mental health issues stemmed from sexual assault and failed to object to the state’s closing argument that allegedly improperly shifted the burden of proof to defendant.

Where no evidence that defendant’s prior conviction had been expunged was presented to the trial court and where trial counsel chose to contest the credibility of the witnesses rather than challenge the admissibility of their testimony, counsel’s performance was not deficient.

Judgment is affirmed.

Webb v. State (MLW No. 85194/Case No. SD39101 – 16 pages) (Missouri Court of Appeals, Southern District, Nickell, J.) Appealed from circuit court, Stone County, Underwood, J. (Ellen H. Flottman, Columbia for appellant) (Garrick F.D. Aplin, Jefferson City for respondent)