Missouri Court of Appeals, Eastern District / Oct 22, 2024
Hardy Gaines, Appellant, v. State of Missouri, Respondent.
Hardy Gaines appealed the motion court's denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Gaines claimed his plea counsel was ineffective for failing to advise him of a defense based on his belief that he possessed ecstasy, not methamphetamine. The appellate court affirmed, holding that the alleged defense was not viable under Missouri law, as the statute criminalizes possession of any controlled substance, not specific types. Therefore, Gaines could not demonstrate prejudice from counsel's alleged ineffectiveness.