Missouri Court of Appeals, Southern District / Jan 27, 2021
DAVID COLE NASH, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
David Cole Nash appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing his appellate counsel was ineffective for not challenging the trial court's failure to sua sponte order a mental evaluation. Nash contended that a mental evaluation would have led to medication, preventing his removal from trial due to disruptive behavior. The appellate court affirmed the denial, concluding that the motion court's findings were not clearly erroneous and that the trial court had no reason to order a mental evaluation, as Nash's behavior appeared manipulative rather than incompetent.