Legal Opinion

DARREN S. SMITH II, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent.

Missouri Court of Appeals

Decided October 6, 2014No. SD32955PublishedCited by 16 opinions

1Opinion of the CourtGary W. Lynch, J.

Darren Smith (“Movant”) appeals the denial of his Rule 24.035 motion for post-conviction relief alleging ineffective assistance of counsel. 1 Movant claims that the motion court clearly erred in overruling his motion because plea counsel failed to act as a reasonably competent attorney when he advised Movant to delay acceptance of a plea offer without advising Mov-ant that the plea offer could be withdrawn at any time. We do not reach the issue of whether plea counsel failed to advise Mov-ant as alleged because even if so, the motion court’s finding that Movant was not prejudiced by that…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Lockhart v. FretwellSupreme Court of the United States · 1993
  4. Lafler v. CooperSupreme Court of the United States · 2012
  5. Missouri v. FryeSupreme Court of the United States · 2012

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3Cited by16 opinions

  1. Ivan Mitchell v. State of MissouriMissouri Court of Appeals · 2017
  2. ANNETTE CROSS v. STATE OF MISSOURIMissouri Court of Appeals · 2015
  3. DARREN J. WINANS v. STATE OF MISSOURIMissouri Court of Appeals · 2015
  4. Murphy v. StateMissouri Court of Appeals · 2017
  5. Borneman v. StateMissouri Court of Appeals · 2018

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