Morse v. State
2015 Mo. App. LEXIS 623
| Mo. Ct. App. | 2015Background
- Harold Morse was convicted by a jury of concealing a prohibited item in a correctional facility and, as a prior and persistent offender, was sentenced by the trial court to 30 years' imprisonment.
- The trial court considered a sentencing assessment report (recommended 9–12 years) and Morse’s lengthy, often violent criminal history, including a robbery soon after a 2002 release; the State requested 30 years.
- Morse’s conviction and 30-year sentence were affirmed on direct appeal. Appellate counsel did not raise a retaliatory/excessive-sentence claim on direct appeal.
- Morse filed a Rule 29.15 post-conviction motion alleging appellate counsel was ineffective for failing to argue that the 30-year sentence was excessive and retaliatory (punishing him for insisting on a jury trial).
- The motion court denied the Rule 29.15 motion without an evidentiary hearing, finding the record contained no facts showing that the trial court relied on Morse’s exercise of his right to trial as a determinative factor in sentencing.
- This appeal challenges the denial, asserting appellate counsel was ineffective for omitting the retaliatory-sentencing claim on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for not raising a retaliatory/excessive-sentence claim on direct appeal | Morse: appellate counsel should have argued the 30-year sentence was excessive and imposed in retaliation for exercising his right to trial | State/Motion court: record shows trial court relied on permissible factors (criminal history, violent offenses); no record evidence trial court punished Morse for going to trial; appellate counsel not ineffective for failing to raise a non-meritorious claim | Court affirmed: appellate counsel not ineffective; no evidentiary hearing required because record conclusively refutes retaliatory-sentencing claim |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes performance and prejudice test for ineffective assistance)
- Reuscher v. State, 887 S.W.2d 588 (appellate counsel ineffective only if failed to assert an obvious claim requiring reversal)
- Taylor v. State, 392 S.W.3d 477 (postconviction claim of retaliatory sentencing requires factual allegations connecting court statements to retaliation)
- Greer v. State, 406 S.W.3d 100 (exercise of constitutional right must be a determinative factor in sentencing for retaliatory-sentencing relief)
- Glover v. State, 225 S.W.3d 425 (appellate counsel not ineffective for failing to raise non-meritorious claims)
- Storey v. State, 175 S.W.3d 116 (error not raised must amount to manifest injustice to warrant relief)
- Lindsey, State v., 996 S.W.2d 577 (trial court presumed to consider appropriate sentencing factors)
- State v. Morse, 418 S.W.3d 387 (direct-appeal decision affirming conviction and sentence)
- Barnes v. State, 334 S.W.3d 717 (appellate counsel may focus on most important issues)