Missouri Court of Appeals, Western District / May 29, 2018
Desmond O. Deen vs. State of Missouri
Desmond Deen appealed the denial of his Rule 24.035 motion for post-conviction relief, which alleged ineffective assistance of plea counsel. Deen claimed counsel failed to investigate his mental capacity at the time of his offenses and guilty plea, which could have established a mental disease or defect defense or incompetence to proceed. The appellate court affirmed the motion court's denial, finding that plea counsel's decision not to investigate mental capacity was a reasonable strategy given Deen's stated desire to plead guilty and be deported quickly, which would have been hindered by a mental health commitment.