Missouri Court of Appeals, Eastern District / Jul 23, 2024
Darian Cummings, Appellant, vs. State of Missouri, Respondent.
Darian Cummings appealed the motion court's denial of his Rule 29.15 motion for post-conviction relief. Cummings argued his trial counsel was ineffective for not requesting jury instructions for lesser included offenses of second-degree robbery and stealing during his original robbery trial. The appellate court affirmed the motion court's judgment, finding that Cummings failed to overcome the presumption that counsel's decision was reasonable trial strategy, specifically an "all or nothing" defense. The court also noted Movant's brief failed to fully comply with Rule 84.04(d) but reviewed it ex gratia.