Dale M. Wright, Movant/Appellant v. State of Missouri
2016 Mo. App. LEXIS 1095
| Mo. Ct. App. | 2016Background
- Movant Dale Wright was convicted by a jury of first-degree child molestation and first-degree attempted statutory sodomy based on an incident where an 11-year-old victim testified Wright touched her vagina over clothing and attempted to put fingers inside her shorts.
- Victim reported the incident the same night; police removed the victim from Wright’s home and Wright was arrested after questioning.
- Wright was sentenced to two concurrent ten-year terms; his direct appeal was affirmed by this Court.
- Wright filed a pro se Rule 29.15 motion (held open pending mandate) and then a timely amended counsel-led motion claiming ineffective assistance of trial counsel for failing to object when the prosecutor called Wright a “child molester” during rebuttal closing argument.
- The motion court denied the Rule 29.15 motion without an evidentiary hearing; Wright appealed solely on the ineffective-assistance claim tied to failure to object to the “child molester” remark.
Issues
| Issue | Wright's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not objecting when prosecutor called Wright a “child molester” in rebuttal closing | Wright: The prosecutor improperly implied a proclivity or history of molestation; counsel should have objected | State: The label was supported by trial evidence (a molestation of the victim) and did not imply prior bad acts | Court: No error — prosecutor’s characterization was based on evidence; counsel not ineffective |
Key Cases Cited
- State v. Perry, 275 S.W.3d 237 (Mo. banc 2009) (prosecutor may characterize defendant as a child molester where argument is based on evidence presented at trial)
- State v. Boone, 869 S.W.2d 70 (Mo. App. W.D. 1993) (generally improper to argue defendant is a child molester implying prior molestations)
- Kohlheim v. State, 482 S.W.3d 851 (Mo. App. E.D. 2016) (counsel not ineffective for failing to make non-meritorious objections to closing argument)
- Matthews v. State, 175 S.W.3d 110 (Mo. banc 2005) (standard for pleading ineffective assistance in post-conviction relief)
- Barnett v. State, 103 S.W.3d 765 (Mo. banc 2003) (requirements for an evidentiary hearing on post-conviction claims)