Fredrick A. Barnes v. State of Missouri, 2016 Mo. App. LEXIS 1345

Fredrick A. Barnes committed multiple violent crimes on September 28, 2007; he was convicted of first-degree murder (jury) and later convicted on twelve related charges (bench trial) including rape, sodomy, robbery, arson, child endangerment, and armed criminal action.
Barnes was sentenced to life without parole for murder; the parties agreed any sentences on the remaining counts would not exceed 25 years and would run consecutive to the life term.
Barnes waived a jury trial on the remaining twelve counts in writing; the waiver stated the remaining counts would be tried to the court based on the transcript of the murder trial and recited the sentencing understanding.
The trial court accepted the written waiver, convicted Barnes on the twelve counts, and imposed sentences that resulted in a maximum 25-year term to run consecutive to the life sentence.
Barnes filed a Rule 29.15 motion alleging ineffective assistance of counsel: his attorneys pressured and induced him to waive a jury trial and he was misled about whether the 25-year sentence would run concurrent or consecutive to the life sentence.
The motion court denied the amended Rule 29.15 motion without an evidentiary hearing; the Court of Appeals affirmed, finding the record refuted Barnes’s claims and that he failed to show prejudice under Strickland.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel ineffectively induced Barnes to waive a jury trial on 12 counts	Barnes: attorneys pressured/induced waiver; he relied on promise about sentencing placement	State: written waiver, in-court colloquy, and counsel’s explanations show voluntary, informed waiver based on sentencing agreement	Court: Waiver was knowing and voluntary; record refutes coercion; no ineffective assistance
Whether an evidentiary hearing on the Rule 29.15 motion was required	Barnes: alleged facts (pressure, misleading promise) warranted hearing	State: allegations contradicted by record and waiver documents; no unresolved factual dispute needing hearing	Court: No hearing required because claims were refuted by record and legal standards not met
Whether Barnes was prejudiced by counsel’s conduct under Strickland	Barnes: would have insisted on jury trial and outcome/sentence might differ	State: Barnes did not show how a jury would have reached a different result or given a lesser sentence	Court: Prejudice not shown; no reasonable probability of a different outcome
Whether expectation of a lighter sentence renders a waiver involuntary	Barnes: relied on sentencing expectation; claims sentence placement differed	State: plea-like sentencing agreement is permissible; disappointed expectation does not render waiver involuntary	Court: Agreement analogous to plea; disappointed hope of lesser sentence does not invalidate waiver

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective assistance test: performance and prejudice)
Anderson v. State, 196 S.W.3d 28 (Mo. banc 2006) (standard for clear-error review of Rule 29.15 denials)
Barnett v. State, 103 S.W.3d 765 (Mo. banc 2003) (requirements for entitlement to evidentiary hearing on post-conviction motion)
State v. Brooks, 960 S.W.2d 479 (Mo. banc 1997) (discussing evidentiary hearing standards for post-conviction relief)
Zink v. State, 278 S.W.3d 170 (Mo. banc 2009) (applying Strickland in Missouri post-conviction context)
State v. Simmons, 955 S.W.2d 729 (Mo. banc 1997) (ineffective assistance framework)
McMahon v. State, 569 S.W.2d 753 (Mo. banc 1978) (expectation of lighter sentence does not render plea involuntary)
McCall v. State, 771 S.W.2d 357 (Mo. App. E.D. 1989) (disappointed hope of lesser sentence does not invalidate plea)
State v. Barnes, 384 S.W.3d 298 (Mo. App. E.D. 2012) (prior appeal affirming murder conviction)
State v. Barnes, 395 S.W.3d 43 (Mo. App. E.D. 2013) (prior appeal affirming convictions on remaining counts)