Legal Opinion

Hounihan v. State

Missouri Court of Appeals

Decided November 27, 2018No. SD 35334Published

1Opinion of the CourtMary W. Sheffield, J.

Donnie Wayne Hounihan ("Movant") raises two points in appealing a judgment that denied his amended Rule 29.15 motion for post-conviction relief.1 Movant claims his trial counsel was ineffective for failing to call his physician to testify and his appellate counsel was ineffective for failing to raise a claim that Movant's conviction for driving with a revoked license was improperly enhanced from a misdemeanor to a class D felony. The judgment is affirmed in part and reversed and remanded in part for further proceedings.

Background

Movant was charged in the underlying criminal case with one…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Smith v. MurraySupreme Court of the United States · 1986
  4. McLaughlin v. StateSupreme Court of Missouri · 2012
  5. Swallow v. StateSupreme Court of Missouri · 2013

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