Hendrix v. State, 2012 Mo. App. LEXIS 863

Hendrix appeals a Rule 29.15 motion denial alleging ineffective assistance of counsel.
Trial involved Hendrix shooting Paynter after a dispute over a 4x4 vehicle frame; threats were made and a gun was fired.
Hendrix was charged with first-degree assault and armed criminal action; jury trial occurred with self-defense theory.
Trial court instructed on first-degree assault, armed criminal action, and self-defense; no lesser-included instructions were given.
Hendrix presented evidence of degenerative knee disease in motion proceedings; he argues it would support a self-defense theory.
Rule 29.15 motion court denied relief; Hendrix appeals, arguing ineffective assistance of counsel on two grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Failure to investigate and present medical records to support self-defense	Hendrix	Hendrix	Denied; records irrelevant and not prejudicial
Failure to request lesser-included jury instructions for second and third degree	Hendrix	Hendrix	Denied; strategy reasonable and no prejudice

Williams v. State, 205 S.W.3d 300 (Mo.App. W.D.2006) (standard for reviewing Rule 29.15 findings)
Strickland v. Washington, 466 U.S. 668 (U.S.1984) (ineffective assistance framework)
State v. Simmons, 955 S.W.2d 729 (Mo. banc 1997) (two-prong test for ineffective assistance)
Dawson v. State, 315 S.W.3d 726 (Mo. App. W.D.2010) (absence of prejudice or deficient performance bifurcation)
Ransom v. Adams Dairy Co., 684 S.W.2d 915 (Mo.App. E.D.1985) (reasonable-person standard in self-defense context)
Paulson v. State, 342 S.W.3d 452 (Mo.App. S.D.2011) (relevance of evidence to admissibility and self-defense)
Edwards v. State, 60 S.W.3d 602 (Mo.App. W.D.2001) (objective standard for self-defense belief)
Fisher v. State, 359 S.W.3d 113 (Mo.App. W.D.2011) (self-defense and evidentiary considerations)
Martin v. Yeoham, 419 S.W.2d 9B7 (Mo.App.1967) (self-defense standards in civil/criminal context)