Conger v. State
2013 Mo. App. LEXIS 597
| Mo. Ct. App. | 2013Background
- Movant Jason Conger pled guilty to first‑degree robbery, armed criminal action, resisting arrest, second‑degree burglary, and stealing over $500; total sentence 15 years.
- Plea hearing confirmed movant understood rights and questioned voluntariness of plea; movant admitted facts supporting guilt.
- Sentencing Court imposed concurrent 12‑year terms for robbery/armed action and concurrent 3‑year terms for burglary, stealing, resisting arrest, for a total of 15 years.
- Movant filed a Rule 24.035 post‑conviction relief motion alleging plea counsel coerced plea due to inability to pay for trial; the motion was denied without an evidentiary hearing.
- This Court remanded for an evidentiary hearing on financial conflict; an evidentiary hearing was held (March 14, 2012) and movant’s claims were again denied.
- This appeal challenges denial of post‑conviction relief based on alleged conflict of interest; the court AFFIRMS the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plea counsel conflict of interest prejudiced movant | Conger asserts financial conflict pressured plea | Conger contends no actual conflict and no coercion | Denied; no credible conflict; plea voluntary |
Key Cases Cited
- Hill v. Lockhart, 474 U.S. 52 (1985) (ineffective assistance affects voluntariness of guilty plea)
- Coates v. State, 939 S.W.2d 912 (Mo. banc 1997) (prejudice requires a reasonable probability of trial would have occurred but for counsel's errors)
- Roberts v. State, 276 S.W.3d 833 (Mo. banc 2009) (standard for reviewing Rule 24.035 findings of fact in the postconviction context)
- Cooper v. State, 356 S.W.3d 148 (Mo. banc 2011) (preponderance standard; movant bears burden of proof)
- Helmig v. State, 42 S.W.3d 658 (Mo. App. E.D. 2001) (conflict view: mere potential conflict does not preclude effective representation)