State v. Lyons
| Decision Date | 30 March 2004 |
| Docket Number | No. SC 85269.,No. SC 85272.,SC 85269.,SC 85272. |
| Parties | STATE of Missouri, Respondent, v. Andrew LYONS, Appellant. Andrew Lyons, Appellant, v. State of Missouri, Respondent. |
| Court | Missouri Supreme Court |
Jeremiah W. (Jay) Nixon, Atty. Gen., Stephanie M. Morrell, Asst. Atty. Gen., Jefferson City, for Respondent.
Andrew Lyons was convicted of two counts of murder in the first degree and one count of involuntary manslaughter. He was sentenced to death on both counts of murder. The judgment was affirmed on direct appeal. State v. Lyons, 951 S.W.2d 584 (Mo. banc 1997), cert. denied, 522 U.S. 1130, 118 S.Ct. 1082, 140 L.Ed.2d 140 (1998). Thereafter, this Court affirmed the denial of Lyons' request for post-conviction relief. Lyons v. State, 39 S.W.3d 32 (Mo. banc 2001), cert. denied, 534 U.S. 976, 122 S.Ct. 402, 151 L.Ed.2d 305 (2001). Lyons now appeals the trial court's judgments in the two above-captioned cases, denying his requests to reopen the post-conviction relief motion to bring his claim that he was mentally incompetent to proceed during the trial.
In the first case, Andrew Lyons v. State of Missouri, Lyons argues that his post-conviction counsel abandoned him by failing to raise the claim of ineffective assistance of appellate counsel who failed to raise the claim of mental incompetence in the direct appeal. In support of this argument, Lyons' post-conviction counsel does not state he abandoned Lyons, but rather states in his affidavit that he had no strategic reason for failing to raise the claim that appellate counsel was ineffective in failing to raise the competency issue, that he did not recognize the merits of this argument, and that had he so recognized he would have raised the argument. Despite the label Lyons' gives his claim, it is merely one of ineffective assistance of post-conviction counsel. Claims of ineffective assistance of post-conviction counsel are categorically unreviewable, and Lyons is not entitled to relief. Barnett v. State, 103 S.W.3d 765 (Mo. banc 2003), cert. denied, ___ U.S. ___, 124 S.Ct. 172, 157 L.Ed.2d 114 (2003).
In the second case, State of Missouri v. Andrew Lyons, Lyons sought an order nunc pro tunc to reopen the post-conviction motion so as to permit a full hearing on his mental competence at the time of trial. This argument fails because the nunc pro tunc power applies only to clerical errors. State v. Carrasco, 877 S.W.2d 115, 117 ...
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Zink v. State
...that the claims be dismissed. A claim of ineffective assistance of post conviction counsel is categorically unreviewable. State v. Lyons, 129 S.W.3d 873, 874 (Mo. banc 6. Autopsy Report Mr. Zink asserts that trial counsel was ineffective for failing to object to testimony from a medical exa......
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State ex rel. Jay v. Sheffield
...him to do so — are, in effect, claims of ineffective assistance of post-conviction counsel and categorically unreviewable. State v. Lyons, 129 S.W.3d 873, 874 (Mo. banc Abandonment occurs when post-conviction counsel does not file an amended motion or where post-conviction counsel is aware ......
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Moore v. State
...ineffective assistance allegations (Barnett, 103 S.W.3d at 774), and has declared such claims categorically unreviewable. State v. Lyons, 129 S.W.3d 873, 874 (Mo. banc 2004). We consistently reject attempts to recast such claims as abandonment. See, e.g., Hill, 193 S.W.3d at 392; Shifkowski......
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Clark v. State, ED 90209.
... ... Although Movant attempts to fashion his argument to portray abandonment by appellate counsel, Movant is actually "re-packaging" his claims of ineffective assistance of counsel. See State v. Lyons, 129 S.W.3d 873, 874 (Mo. banc 2004) (movant argued he was abandoned; where post-conviction counsel's affidavit stated that he had no strategic reason for failing to raise the issue of movant's mental competency and failed to recognize the merits of the argument, court concluded claim was merely ... ...