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Criminal Law: Conspiracy to Distribute-Sufficiency of Evidence-Ineffective Assistance of Counsel
Defendant appealed from his conviction for conspiracy to distribute a mixture and substance containing a detectible amount of cocaine. On appeal, defendant challenged several trial court rulings and argued that the trial court failed to instruct the jury properly. Defendant also challenged the sufficiency of the evidence and argued that his trial counsel was ineffective. […]
Criminal Law: Child Molestation-Ineffective Assistance of Counsel
Defendant pleaded guilty, in accordance with a plea agreement, to two counts of child molestation and was sentenced to two concurrent 10-year sentences. Defendant unsuccessfully filed a motion for post-conviction relief, alleging that he received ineffective assistance of counsel when counsel allegedly advised defendant he would receive probation and failed to present medical records at […]
Domestic Relations: Termination of Parental Rights-Ineffective Assistance of Counsel
On appeal from the trial court’s grant of the petition for adoption filed by the guardians of K.A.F., which effectively terminated father’s parental rights, father argued that his counsel failed to adequately communicate with him prior to trial, failed to seek discovery, failed to call witnesses, failed to cross-examine the guardians or object to their […]
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Defendant filed a motion for post-conviction relief following his conviction for the homicide of his father. Following an evidentiary hearing, the trial court ruled that trial counsel failed to interview, investigate and subpoena a witness who could have provided testimony contradicting the state’s theory of the case and thus deprived defendant of a viable defense. […]
Criminal Law: §2255 Motion-Ineffective Assistance of Counsel-Failure to File Appeal
Defendant appealed the denial of his §2255 motion following an evidentiary hearing. On appeal, defendant argued that trial counsel was ineffective for failing to file a direct appeal and for failing to argue that defendant’s prior state drug convictions did not qualify as career-offender predicates Where the record revealed that defendant became upset at trial […]
Criminal Law: Habeas Corpus-Ineffective Assistance of Counsel-Death Penalty
Petitioner appealed the denial of his habeas petition, alleging that trial counsel was ineffective for failing to investigate and present mental health evidence and for giving the jury an expert report that included information that petitioner was on death row, and arguing that he was categorically exempt from the death penalty. Where petitioner’s counsel received […]
Criminal Law: Discharging Firearm at Inhabited Structure-Ineffective Assistance of Counsel
Defendant was charged with knowingly discharging a firearm at an inhabitable structure. The state offered a plea deal to reduce his charge and impose a four-year sentence with no opportunity for probation. Wanting to seek probation, defendant rejected the offer and entered an open guilty plea. The trial court sentenced defendant to the mandatory 15-year […]
Supreme Court creates path for juveniles to claim ineffective assistance
What began as a high school bomb-threat case in Missouri’s Bootheel has led to the Supreme Court’s creation on Aug. 13 of a mechanism by which juveniles can claim ineffective assistance of counsel. In the case of D.C.M., a minor accused of threatening to blow up Hayti High School, no one disputed whether juvenile defendants […]
Criminal Law: Sale of Drugs-Ineffective Assistance of Counsel
Defendant was found guilty by a Minnesota state court jury of second-degree sale of drugs and sentenced to 108 months of incarceration. Defendant appealed the denial of his §2254 petition. Where the state court of appeals properly applied the Strickland test in evaluating defendant’s claims of ineffective assistance of counsel, defendant was not entitled to […]
Criminal Law: Ineffective Assistance of Counsel-Failure to Investigate and Call Witnesses
Defendant appealed the denial of his motion alleging ineffective assistance of counsel for trial counsel’s failure to call a corroborating witness and to fully investigate a note that provided clarity as to the target of defendant’s threatening statements. Where the witness, defendant’s former attorney, would not have provided a viable defense, and where the weight […]
Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel
Defendant appealed from his below-guidelines range sentence, imposed after he pleaded guilty to illegal reentry. On appeal, defendant argued that he received ineffective assistance of counsel and that his sentence was substantively unreasonable. Where clams of ineffective assistance of counsel were not cognizable on direct appeal and where a below-guidelines range sentence was presumptively not [&[...]
Criminal Law: Bank Fraud-Within-Guidelines Sentence-Ineffective Assistance of Counsel
Defendant pleaded guilty to bank fraud and the district court sentenced him to a within-guidelines sentence. On appeal, defendant argued that his sentence was substantively unreasonable and that he received ineffective assistance of counsel. Where the district court adequately considered the statutory sentencing factors, the court declined to consider defendant’s ineffective assistance of counse[...]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
