Missouri Court of Appeals, Southern District / Jul 5, 2022
CHRISTA E. MUELLER, Appellant vs. STATE OF MISSOURI, Respondent
Christa Mueller appealed the denial of her Rule 29.15 motion for postconviction relief, arguing her trial counsel was ineffective for not requesting a "Mere Presence Instruction." Mueller had been convicted of first-degree assault on her daughter, and her defense at trial was alibi. The motion court found counsel's decision was strategic and not objectively unreasonable. The appellate court affirmed, concluding that counsel's deliberate choice not to request the instruction, believing it inconsistent with the alibi defense, fell within the wide range of professional assistance.