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Criminal Law: Conspiracy to Distribute-Ineffective Assistance of Counsel-Failure to Object to Lack of Factual Basis
Defendant appealed the denial of his motion alleging ineffective assistance of counsel. Defendant pleaded guilty to conspiracy to distribute and conspiracy to launder money. Although the magistrate questioned the factual basis for defendant’s plea to the money-laundering charge, the district court accepted defendant’s plea. On appeal, defendant argued that counsel was ineffective for failing t[...]
Criminal Law: Unlawful Use of Identification Documents-Ineffective Assistance of Counsel-Failure to Explain Immigration Consequences
Defendant pleaded guilty to unlawfully using identification documents. At defendant’s plea hearing, the district court confirmed that defendant understood he would likely be deported after serving his sentence and that his attorney had explained the same to him. On appeal, defendant argued that his attorney provided insufficient advice regarding the immigration consequences of his guilty [&helli[...]
Criminal Law: Possession with Intent to Distribute-Substantive Reasonableness of Sentence-Ineffective Assistance of Counsel
Defendant appealed from the sentence imposed after he pleaded guilty to possession of methamphetamine with intent to distribute. On appeal, defendant argued that his sentence was substantively unreasonable and that former counsel was ineffective for failing to negotiate a more favorable plea agreement. Where the district court considered the 18 U.S.C. §3553(a) factors, it did […]
Criminal Law: Conspiracy to Distribute Cocaine-Sufficiency of Evidence-Ineffective Assistance of Counsel
Defendant appealed his conviction for conspiracy to distribute cocaine, challenging the sufficiency of evidence and alleging ineffective assistance of trial counsel. Where evidence at trial supported finding that defendant had been purchasing cocaine in conjunction with an accomplice from multiple persons, there was sufficient support for the jury’s verdict that defendant intentionally joined th[...]
Criminal Law: Sexually Violent Predator-Civil Commitment-Ineffective Assistance of Counsel
Defendant appealed his civil commitment to the Department of Mental Health as a sexually violent predator. Defendant argued that he received ineffective assistance of counsel because his attorney failed to file an answer and object to the state’s “end-of-confinement report” author and erred by presenting evidence of defendant’s prior SVP commitment proceeding. Defendant further argued [&he[...]
Criminal Law: Possession with Intent to Distribute-Ability of Sentence to Support Related Conviction-Ineffective Assistance of Counsel
Defendant pleaded guilty to possession of marijuana with intent to distribute and to weapons offenses. In his plea agreement, defendant waived his right to appeal his convictions but not the sentence imposed by the district court. On appeal, defendant whether his sentence for drug possession could support his carrying a firearm conviction. Defendant further alleged […]
Criminal Law: Felony Murder-Motion to Set Aside Conviction-Ineffective Assistance of Counsel
Defendant was charged with abuse of a child resulting in death. Pre-trial, defense counsel moved to exclude the victim’s autopsy results. The trial court ruled that the autopsy need not have been performed by a certified child death pathologist and denied the motion. Following a guilty verdict, defendant moved to set aside his conviction, arguing […]
Criminal Law: Post-Conviction Relief-Distribution of Controlled Substances-Ineffective Assistance of Counsel
Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction relief, alleging 24 instances of ineffective assistance of counsel. The trial court denied the motion. Where the issues raised in defendant’s appeal were not raised […]
Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel
Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for advising defendant to enter an Alford plea because a defendant was required to admit guilt […]
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Erroneous Advice
Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly erroneously advised defendant he could not be convicted because there was no eyewitness to the crime, which convinced defendant to reject the state’s plea offer. […]
Criminal Law: Sexual Assault-Post-Conviction Relief-Ineffective Assistance of Counsel
Defendant was convicted of the lesser-included charge of statutory rape. Defendant filed a motion for post-conviction relief, arguing that trial counsel was ineffective for failing to object and request a mistrial following testimony that freezing defendant’s urine changed the results of a chlamydia test and for failing to call the victim’s best friend as a […]
Criminal Law: Sexual Assault-Motion to Set Aside Conviction-Ineffective Assistance of Counsel
Defendant unsuccessfully moved to set aside his conviction for forcible rape and sodomy of three of his adopted children, arguing that trial and appellate counsel were ineffective for failing to call defendant’s older daughter as a witness, failing to object to the verdict directors for lack of specificity, failing to object to testimony about acts […]
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
