{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"montel-berry","displayName":"Montel Berry","totalCases":1},"cases":[{"caseId":"moappd:ed111112:2023-10-24","opinionId":"a198c4eb-ddeb-5690-8624-dadab5d6c622","slug":"montel-berry-appellant-v-state-of-missouri-respondent-111112","caseName":"Montel Berry, Appellant, vs. State of Missouri, Respondent.","caseNumber":"ED111112","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2023-10-24","year":2023,"display_summary":"Montel Berry appealed the denial of his Rule 24.035 post-conviction motion, alleging ineffective assistance of counsel. Berry contended his plea counsel was ineffective for advising him to plead guilty to first-degree robbery, arguing the facts did not support the charge because no actual weapon was displayed. The appellate court affirmed the motion court's judgment, holding that the victim's reasonable perception of a deadly weapon threat, based on verbal threats and physical gestures, is sufficient for first-degree robbery, regardless of the weapon's actual existence.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","other","standard-of-review","appellate-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=202262","detailUrl":"https://ott.law/missouri-courts/opinions/montel-berry-appellant-v-state-of-missouri-respondent-111112","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":36,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure","text: state of missouri","text: conviction"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}