Missouri Court of Appeals, Southern District / Aug 31, 2020
ROBERT J. TAYLOR, Appellant vs. STATE OF MISSOURI, Respondent
Robert Taylor, convicted of first-degree sexual abuse, appealed the denial of his Rule 29.15 post-conviction motion. He claimed his trial counsel was ineffective for requesting a jury instruction on second-degree sexual abuse, arguing it was not a lesser-included offense and violated due process. The appellate court affirmed the motion court's decision, holding that counsel's strategy was reasonable and did not constitute ineffective assistance, as requesting the instruction demonstrated notice and was a deliberate tactic to avoid a rape-or-nothing submission.