DONNIE WAYNE HOUNIHAN, Movant- Missouri Cases

Donnie Wayne Hounihan appealed the denial of his Rule 29.15 motion for post-conviction relief, alleging ineffective assistance of both trial and appellate counsel. He claimed trial counsel failed to call a physician witness and appellate counsel failed to challenge an improper felony enhancement of his driving with a revoked license conviction. The appellate court affirmed the denial of the claim against trial counsel, finding no prejudice. However, it reversed and remanded the claim against appellate counsel for the motion court to make findings on whether counsel's failure to raise the enhancement issue was an objectively reasonable legal strategy.