Missouri Court of Appeals, Eastern District / Apr 22, 2025
Marcell Smith, Appellant, vs. State of Missouri, Respondent.
Marcell Smith appealed the denial of his Rule 29.15 amended motion for post-conviction relief, alleging ineffective assistance of trial counsel for not presenting mitigating evidence and ineffective assistance of appellate counsel for failing to raise the denial of a mistrial and a motion to suppress identification. The motion court denied relief, finding counsel's performance was not deficient and Smith was not prejudiced. The appellate court affirmed the motion court's judgment, concluding that Smith failed to satisfy the Strickland test for ineffective assistance of counsel on all three points.