David N. Briggs v. State of Missouri, 446 S.W.3d 714

David N. Briggs, age 18 at the time, was convicted by a jury of first-degree murder, first-degree robbery, and two counts of armed criminal action for the January 24, 2008 robbery and killing of a man who had taken Briggs in; Briggs testified he shot the victim after a confrontation and an unwanted sexual advance.
Evidence at trial included Briggs’s recorded statement admitting he retrieved two handguns, fired a .45 until it jammed, then shot the victim several more times with a .38, the victim’s ten fatal gunshot wounds, recovered victim property in vehicles Briggs used, and ballistics matching the .38 found at Wooten’s home.
The jury was instructed on first-degree murder, conventional second-degree murder, and second-degree felony murder and convicted Briggs of first-degree murder; the convictions and sentences were affirmed on direct appeal.
Briggs filed a Rule 29.15 motion alleging, among other claims, ineffective assistance of trial counsel for failing to request a voluntary manslaughter instruction (and for related juror questioning failures).
The motion court held an evidentiary hearing, denied relief, and concluded Briggs failed to show a proper basis for a voluntary manslaughter instruction or resulting prejudice; the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for not requesting a voluntary manslaughter instruction	Briggs: evidence of sudden passion (unwanted sexual advance, phone calls, fight) made voluntary manslaughter a viable lesser offense and counsel’s failure was prejudicial	State: jury already had three homicide options including second-degree murder; evidence did not support sudden passion and no reasonable probability outcome would differ	Court: No ineffective assistance — Briggs failed to show prejudice because jury rejected second-degree murder and convicted on highest charge despite having lesser options
Whether post-conviction counsel abandoned Briggs by late/defective amended motion	Briggs: post-conviction counsel abandoned him by late filing and defective amended motion, warranting relief	State: abandonment issue was not raised below and therefore not preserved for appeal	Court: Claim not preserved; no findings to review; point denied

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective assistance standard: performance and prejudice)
Johnson v. State, 406 S.W.3d 892 (Mo. banc 2013) (standard of review for 29.15 and Strickland application)
State v. Johnson, 284 S.W.3d 561 (Mo. banc 2009) (statutory duty to instruct on lesser-included offenses when evidence supports acquittal of greater and conviction of lesser)
State v. Petary, 781 S.W.2d 534 (Mo. banc 1989) (absence of another lesser instruction was superfluous when jury convicted of greater offense after being instructed on first- and second-degree murder)
McNeal v. State, 412 S.W.3d 886 (Mo. banc 2013) (failure to give a lesser-included instruction may deprive defendant of a fair trial when leaving an all-or-nothing choice)
State v. Glass, 136 S.W.3d 496 (Mo. banc 2004) (no reversible error when jury convicted of greater offense despite other lesser-included instruction being omitted)
State v. Jones, 979 S.W.2d 171 (Mo. banc 1998) (similar rule on omission of additional lesser-included instructions)