Legal Opinion

Darian Cummings v. State of Missouri

Missouri Court of Appeals

Decided July 23, 2024No. ED111894Published

1Opinion of the Court

In the Missouri Court of Appeals Eastern District DIVISION ONE DARIAN CUMMINGS, ) No. ED111894 ) Appellant, ) Appeal from the Circuit Court of ) the City of St. Louis vs. ) ) Honorable Annette Llewellyn STATE OF MISSOURI, ) ) Respondent. ) Filed: July 23, 2024 Introduction Darian Cummings (“Movant”) appeals the motion court’s judgment overruling his Rule 29.15 motion for post-conviction relief.1 In his sole point on appeal, Movant alleges his trial counsel was ineffective for failing to request jury instructions for the lesser included offenses of second-degree robbery and stealing. Because…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Zink v. StateSupreme Court of Missouri · 2009
  3. Worthington v. StateSupreme Court of Missouri · 2005
  4. Sanders v. StateSupreme Court of Missouri · 1991
  5. State v. TwenterSupreme Court of Missouri · 1991

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