Donnie Wayne Hounihan Missouri Cases

Donnie Hounihan appealed the denial of his Rule 29.15 motion for postconviction relief, alleging ineffective assistance of trial and appellate counsel. He claimed trial counsel failed to call a physician to testify regarding medications affecting his appearance of intoxication, and appellate counsel failed to challenge the insufficient evidence to enhance his driving while revoked (DWR) conviction to a felony. The Missouri Supreme Court affirmed the denial of relief for the driving while intoxicated (DWI) conviction, finding no prejudice. However, the Court reversed the denial of relief for the DWR conviction, concluding that appellate counsel's failure to raise the sufficiency of evidence claim constituted ineffective assistance, and remanded for resentencing as a misdemeanor.