Missouri Court of Appeals, Eastern District / Aug 9, 2022
Thomas F. McMullan, Appellant, vs. State of Missouri, Respondent.
Thomas McMullan appealed the motion court's denial of his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. McMullan contended his plea counsel was ineffective for failing to advise him of a possible lesser-included offense defense before he pled guilty to second-degree arson, rendering his plea involuntary. The appellate court affirmed the motion court's judgment, deferring to its credibility findings and concluding that McMullan failed to prove either deficient performance by counsel or prejudice.