387 S.W.3d 424
Mo. Ct. App.2012Background
- Stewart appeals the denial of his Rule 29.15 post-conviction relief motion.
- Stewart challenged trial counsel for failing to request a lesser-included-offense instruction and for not raising sufficiency of the evidence centered on the verdict director on direct appeal.
- Stewart was charged as a prior and persistent offender with the class D felony of resisting arrest under §575.150.
- At trial (Oct. 19, 2006), officers identified themselves, attempted to arrest Stewart; he resisted, kicked, and struggled; he was handcuffed and arrested; the jury convicted him as charged and he was sentenced to seven years.
- On direct appeal, Stewart’s conviction and sentence were affirmed in State v. Stewart, 296 S.W.3d 5 (Mo.App. S.D.2009).
- An evidentiary hearing was held (Oct. 20, 2011); Huffman testified about trial strategy and the appellate strategy; the motion court denied relief (Dec. 9, 2011).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not requesting lesser-included-offense instruction | Stewart | Huffman | Denied |
| Ineffective assistance for not raising verdict-director sufficiency on appeal | Stewart | Huffman | Denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes the two-prong test for ineffective assistance)
- State v. Storey, 901 S.W.2d 886 (Mo. banc 1995) (prescribes standard for ineffective assistance of counsel claims in Missouri)
- Jackson v. State, 205 S.W.3d 282 (Mo.App. E.D.2006) (precedes when failure to request a lesser-included offense is strategic)
- Vogel v. State, 31 S.W.3d 130 (Mo.App. W.D.2000) (test for prejudice in failure to request lesser-included instruction)
- Spells v. State, 277 S.W.3d 343 (Mo.App. W.D.2009) (appellate counsel not ineffective for frivolous claims)