Shawn H. Flaherty Missouri Cases

Shawn Flaherty was convicted of second-degree domestic assault and armed criminal action, which were affirmed on direct appeal. He then sought postconviction relief, alleging ineffective assistance of counsel for failing to request a lesser-included instruction for fourth-degree domestic assault. The motion court found counsel's performance deficient but no prejudice, denying relief. The Missouri Supreme Court affirmed the motion court's judgment, concluding its findings were not clearly erroneous.

Shawn Flaherty was convicted of domestic assault and armed criminal action after shooting his wife. He sought post-conviction relief, arguing his trial counsel was ineffective for failing to request a jury instruction on the lesser-included offense of fourth-degree domestic assault. The circuit court found deficient performance but no prejudice, but the appellate court reversed, concluding that Flaherty was prejudiced by counsel's failure to request the instruction. The court vacated Flaherty's convictions and ordered a new trial.