Missouri Court of Appeals, Eastern District / Nov 15, 2022
Dashuan M. Wooten, Appellant, vs. State of Missouri, Respondent.
Dashuan M. Wooten appealed the denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. Wooten was convicted of first-degree assault, armed criminal action, and unlawful possession of a firearm. He claimed ineffective assistance of trial counsel for failing to call an alibi witness and ineffective assistance of appellate counsel for failing to raise a spoliation claim. The appellate court affirmed the motion court's denial, finding that trial counsel's decision was sound trial strategy and that appellate counsel's decision not to raise the spoliation claim was also strategic and the issue was unpreserved.