movant with a viable defense (Missouri) · Go Syfert
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movant with a viable defense in Missouri

31 Missouri opinions name it 2 courts 1995–2025 9 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (19)

CaseFollowedCited
Whited v. Stategreen
moctapp · 2006 · cited in 7 Missouri opinions naming this issue, 2007–2022
2 sentences

2022“Rather, ‘when the testimony of the witness would also negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Id. (quoting Whited v. State, 196 S.W.3d 79, 82 (Mo. App. E.D. 2006)). 9 In his amended motion, Movant alleged the first witness, Amber Easter, would have provided Movant with an alibi to the Illinois carjacking that preceded the shooting.

2017“When the testimony of [a witness] would only impeach the state’s witnesses, relief on a claim of ineffective assistance of counsel is not warranted” unless “the testimony of the witness would also negate an element of the crime for which a movant was convicted,” thus “provid[ing] the movant with a viable defense.” Whited v. State, 196 S.W.3d 79, 82 (Mo. App. E.D. 2006).

37
Hays v. Stategreen
moctapp · 2012 · cited in 3 Missouri opinions naming this issue, 2017–2024
2 sentences

2024“When the testimony of the witness would negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Hays v. State, 360 S.W.3d 304, 310 (Mo. App. W.D. 2012). “[C]ounsel’s decision not to call a witness is presumptively a matter of trial strategy” and Movant must “clearly establish otherwise.” Worthington, 166 S.W.3d at 577 .

2023“When the testimony of the witness would negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Hays, 360 S.W.3d at 310 . 6 Movant argues plea counsel failed to investigate Michael Copeland.

23
Ferguson v. Stategreen
moctapp · 2010 · cited in 2 Missouri opinions naming this issue, 2012–2012
2 sentences

2012Ferguson v. State, 325 S.W.3d 400, 416-17 (Mo.App.

2012Ferguson v. State, 325 S.W.3d 400, 416-17 (Mo.App.

22
State v. Williamsgreen
moctapp · 1997 · cited in 2 Missouri opinions naming this issue, 2001–2002
2 sentences

2002State v. Williams, 945 S.W.2d 575, 582 (Mo.App.1997).

2001“In addition, the witness’ testimony must be such that it would have provided the movant with a viable defense.” State v. Williams, 945 S.W.2d 575, 582 (Mo.App.

22
McIntosh v. Stategreen
mo · 2013 · cited in 3 Missouri opinions naming this issue, 2018–2023
2 sentences

2023See McIntosh, 413 S.W.3d at 328 (holding that to find trial counsel ineffective for failing to call a witness, a movant must 13 establish that the witness would have provided testimony that would have provided the movant with a viable defense).

2022“Rather, ‘when the testimony of the witness would also negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Id. (quoting Whited v. State, 196 S.W.3d 79, 82 (Mo. App. E.D. 2006)). 9 In his amended motion, Movant alleged the first witness, Amber Easter, would have provided Movant with an alibi to the Illinois carjacking that preceded the shooting.

13
George E. Martin v. State of Missourigreen
moctapp · 2022 · cited in 2 Missouri opinions naming this issue, 2024–2025
2 sentences

2025“Failure to call a witness only constitutes ineffective 5 assistance of counsel if the witness’s testimony unqualifiedly supports Movant.” Martin, 655 S.W.3d at 200 (internal quotation and brackets omitted).

2024“Failure to call a witness only constitutes ineffective assistance of counsel if the witness’s testimony ‘unqualifiedly support[s] Movant.’” Martin v. State, 655 S.W.3d 195 , 200 (Mo. App. W.D. 2022) (quoting Phillips v. State, 214 S.W.3d 361, 366 (Mo. App. S.D. 2007)).

12
Anthony Clay v. State of Missourigreen
moctapp · 2015 · cited in 1 Missouri opinions naming this issue, 2025–2025
1 sentence

2025“A witness’s testimony provides a movant with a viable defense when it negates an element of the crime for which the movant was convicted.” Clay v. State, 468 S.W.3d 914, 920 (Mo. App. E.D. 2015) (emphasis added).

11
Phillips v. Stategreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024“Failure to call a witness only constitutes ineffective assistance of counsel if the witness’s testimony ‘unqualifiedly support[s] Movant.’” Martin v. State, 655 S.W.3d 195 , 200 (Mo. App. W.D. 2022) (quoting Phillips v. State, 214 S.W.3d 361, 366 (Mo. App. S.D. 2007)).

11
Black v. Stategreen
mo · 2004 · cited in 1 Missouri opinions naming this issue, 2020–2020
1 sentence

2020“However, when the testimony of the witness would also negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Id.; see also Black v. State, 151 S.W.3d 49 , 57–58 (Mo. banc 2004) (finding IAC prejudice where unoffered evidence “went to a central, controverted issue on which the jury focused during deliberations”). 10 Here, the crimes for which Movant was charged required the State to prove that Movant subjected G.F. to forcible compulsion. 5 As relevant here, the motion court found that 1) Movant’s defense theory at trial was t

11
Aundra Woods v. State of Missourigreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017Woods v. State, 458 S.W.3d 352, 366-67 (Mo. App. W.D. 2014).

11
Jerry A. Rutlin, Movant/Appellant v. State of Missourigreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017“Where a witness’s testimony would not unqualifiedly support the defense, counsel’s decision not to call the witness does not constitute ineffective assistance.” Rutlin v. State, 435 S.W.3d 126, 132 (Mo. App. E.D. 2014).

11
Williams v. Stategreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016Rather, “when the testimony of the witness would also negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Id. (citing Williams *529 v. State, 8 S.W.3d 217, 219-20 (Mo. App. E.D. 1999)) (emphasis added).

11
Jamerson v. Stategreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015Jamerson v. State, 410 S.W.3d 299, 302 (Mo.App.E.D. 2013).

11
State v. Hallgreen
mo · 1998 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010“Failure to impeach a witness does not automatically entitle [Ferguson] to post-conviction relief.” State v. Hall, 982 S.W.2d 675, 687 (Mo. banc 1998).

11
Wilkes v. Stategreen
mo · 2002 · cited in 1 Missouri opinions naming this issue, 2006–2006
1 sentence

2006Wilkes v. State, 82 S.W.3d 925, 928 (Mo. banc 2002).

11
State v. McCrackengreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 2000–2000
1 sentence

2000State v. McCracken, 948 S.W.2d 710, 714 (Mo.App.

11
State v. Tubbsgreen
moctapp · 1991 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998State v. Tubbs, 806 S.W.2d 746, 749 (Mo.App.

11
State v. Buchanangreen
moctapp · 1992 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997State v. Buchanan, 836 S.W.2d 90, 93 (Mo.App.1992).

11
State v. Williamsongreen
moctapp · 1994 · cited in 1 Missouri opinions naming this issue, 1995–1995
1 sentence

1995State v. Williamson, 877 S.W.2d 258, 262 (Mo.App.1994).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Martin v. State green
moctapp · 2017
2 sentences

2024When the testimony of such a witness would have been offered to impeach a State witness, “relief on a claim of ineffective assistance of counsel is not warranted unless the testimony of the witness would also negate an element of the crime for which a movant was convicted, thus providing the movant with a viable defense.” Id.

2023When the testimony of such a witness would have been offered to impeach a State witness, “relief on a claim of ineffective assistance of counsel is not warranted unless the testimony of the witness would also negate an element of the crime for which a movant was convicted, thus providing the movant with a viable defense.” Id. (internal quotation marks omitted) (emphasis added).

22023–2024
Williams v. State green
mo · 2005
2 sentences

2006Id.

2006Id. at 441 .

22006–2006
Jeffrey Weinhaus v. State of Missouri green
moctapp · 2016
1 sentence

2025“Rather, when the testimony of the witness would also negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Id. (internal quotation omitted).

12025–2025
Worthington v. State green
mo · 2005
1 sentence

2024“When the testimony of the witness would negate an element of the crime for which a movant was convicted, the testimony provides the movant with a viable defense.” Hays v. State, 360 S.W.3d 304, 310 (Mo. App. W.D. 2012). “[C]ounsel’s decision not to call a witness is presumptively a matter of trial strategy” and Movant must “clearly establish otherwise.” Worthington, 166 S.W.3d at 577 .

12024–2024
ROBERT A. VALLEY v. STATE OF MISSOURI neutral
moctapp · 2023
1 sentence

2024Valley v. State, 679 S.W.3d 133 , 137 (Mo. App. 2023) (emphasis in original).

12024–2024
White v. State green
moctapp · 2012
2 sentences

2021“Courts should rarely second-guess counsel’s strategic choices, such as whether to call a witness to testify, if counsel made the strategic choice after a thorough investigation of the law and the facts relevant to plausible opinions.” Id. (internal quotation marks omitted) (emphasis in original).

2021“A witness’s testimony provides a movant with a viable defense when it negates an element of the crime for which the movant was convicted.” Id.

12021–2021

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 571.015 (6) MO § Mo. Rev. Stat. § 565.020 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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