Missouri Court of Appeals, Southern District / Mar 23, 2020
GARY L. MITCHELL, JR., Appellant vs. STATE OF MISSOURI, Respondent
Gary Mitchell, Jr. appealed the denial of his Rule 29.15 motion for post-conviction relief after being convicted of class A felony drug trafficking. He claimed ineffective assistance of trial counsel for not requesting lesser-included-offense instructions and for not calling a specific witness. The appellate court affirmed the motion court's denial, holding that counsel was not ineffective for failing to anticipate a change in law regarding lesser-included instructions, nor for a strategic decision not to call a witness.