Legal Opinion

Cardenas v. State

Missouri Court of Appeals

Decided August 28, 2007No. WD 67438Published

1Opinion of the Court

JOSEPH M. ELLIS, Judge.

Appellant Hector Cardenas appeals the denial after an evidentiary hearing of his Rule 29.15 motion for ineffective assistance of counsel. Specifically, he asserts that his trial counsel was ineffective for failing to request a jury instruction indicating that Appellant would be required to serve at least 85% of his sentence in response to the jury’s question about parole eligibility. For the following reasons, we affirm.

The underlying facts of the case are not in contention, so we do not address them. Appellant was charged by amended information with two counts of…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Kelly v. South CarolinaSupreme Court of the United States · 2002
  3. Moss v. StateSupreme Court of Missouri · 2000
  4. Shafer v. South CarolinaSupreme Court of the United States · 2001
  5. State v. HallSupreme Court of Missouri · 1998

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