Missouri Court of Appeals, Eastern District / Jan 21, 2020
Bradley r. Weinert, Appellant, vs. State of Missouri, Respondent.
Bradley Weinert appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing his appellate counsel was ineffective for failing to challenge the authentication of DWITS records used to classify him as a "chronic offender." The motion court denied relief, finding counsel's decision was reasonable given the state of the law at the time. The Eastern District affirmed, concluding that Weinert failed to show the DWITS claim was so obvious that a reasonably competent attorney would have asserted it on direct appeal, especially since no appellate court had yet clarified the interpretation of Section 577.023.16.