Bliss v. State
2012 Mo. App. LEXIS 775
| Mo. Ct. App. | 2012Background
- Bliss was charged by information in 2009 with two counts of first-degree statutory sodomy involving two under-12 victims.
- The parties negotiated a plea agreement: Bliss pled guilty to both counts, sentenced to concurrent 12-year terms, with the State opposing probation.
- Plea hearing included Bliss acknowledging rights waived and understanding loss of trial rights; prosecutor explained an 85% minimum term and life-imposition details due to dangerous-felony classification.
- Bliss was sentenced to 12 years on each count, to run concurrently, with probation denied.
- Bliss filed a pro se post-conviction relief motion in 2010 alleging involuntary plea due to lifetime supervision and ineffective assistance for failure to investigate.
- The motion court ruled against Bliss, finding counsel informed Bliss of lifetime supervision and that the alleged lack of investigation did not affect voluntariness; Bliss appeals.
- Standard motion-to-review requires credibility determinations by the movant and preponderance of the evidence to show error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to inform about lifetime supervision rendered the plea involuntary | Bliss | Plea counsel testified she informed Bliss; evidence refutes Bliss’s claim | No; plea involuntary not shown. |
| Whether counsel’s failure to investigate affected voluntariness of the plea | Bliss | No specific information alleged; no show of likely helpful information | No; lack of shown prejudice; no error. |
Key Cases Cited
- Chrisman v. State, 288 S.W.3d 812 (Mo.App. S.D.2009) (standard for reviewing post-conviction denials; credibility of witnesses at hearing)
- Stuart v. State, 263 S.W.3d 755 (Mo.App. S.D.2008) (motion courts’ findings reviewed for clear error; preponderance burden)
- Hurst v. State, 301 S.W.3d 112 (Mo.App. E.D.2010) (credibility determinations in evidentiary hearings)
- Gooch v. State, 353 S.W.3d 662 (Mo.App. S.D.2011) (waiver on post-conviction claims when plea entered; investigation claims focus on voluntariness)
- Rivera v. State, 106 S.W.3d 635 (Mo.App. S.D.2003) (ineffective assistance standard for guilty-plea cases; prejudice required)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong test for ineffective assistance of counsel)
- Moore v. State, 207 S.W.3d 725 (Mo.App. S.D.2006) (plea-based ineffective-assistance considerations)