Worthington v. State
Decision Date | 02 August 2005 |
Docket Number | No. SC 85783.,SC 85783. |
Citation | 166 S.W.3d 566 |
Parties | Michael Shane WORTHINGTON, Appellant, v. STATE of Missouri, Respondent. |
Court | Missouri Supreme Court |
William J. Swift, Office of the Public Defender, Columbia, MO, for Appellant.
Jeremiah W. (Jay) Nixon, Atty. Gen., Adriane D. Crouse, Assistant Atty. Gen., Jefferson City, MO, for Respondent.
Michael Shane Worthington pled guilty to the first-degree murder of Melinda Griffin. Mr. Worthington then chose to try the penalty phase of his trial to the judge rather than to a jury. The judge imposed the death penalty. This Court affirmed his conviction and death sentence, and his related convictions for first-degree burglary and forcible rape, in State v. Worthington, 8 S.W.3d 83 (Mo. banc 1999). Mr. Worthington then sought post-conviction relief, which was denied. Mr. Worthington now appeals that ruling, arguing that the motion court should have found that trial counsel was ineffective in numerous respects, including unreasonable trial strategy in failing to sufficiently investigate and present evidence about certain aspects of his social history, failing to object to certain evidence, failing to object to the trial judge's refusal to recuse herself and failure to call certain witnesses. He further alleges that the sentencing and post-conviction judges were not impartial and that the State does not have the ability to perform constitutional executions. This Court has exclusive jurisdiction because the death penalty was imposed. Mo. Const. art. V, sec. 10; Order of June 16, 1988. For the reasons set out below, this Court finds that the motion court did not err in denying post-conviction relief. Affirmed.
On direct appeal, this Court found the following facts:1
This Court's review of the motion court's denial of post-conviction relief is limited to a determination of whether the findings of fact and conclusions of law are clearly erroneous. Moss v. State, 10 S.W.3d 508, 511 (Mo. banc 2000). A judgment is clearly erroneous when, in light of the entire record, "the court is left with the definite and firm impression that a mistake has been made." Id. The motion court's findings are presumed correct. Black v. State, 151 S.W.3d 49, 54 (Mo. banc 2004).
In order to be entitled to post-conviction relief, a movant is required to show by a preponderance of the evidence that: 1) counsel failed to exercise the customary skill and diligence of a reasonably competent attorney under similar circumstances, and 2) counsel's deficient performance prejudiced him. Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Deck v. State, 68 S.W.3d 418, 425 (Mo. banc 2002).
Mr. Worthington bears a heavy burden in attempting to satisfy the first prong of the Strickland test, for he must overcome a strong presumption that counsel provided competent representation by showing "that counsel's representation fell below an objective standard of reasonableness." Deck, 68 S.W.3d at 425-426. See also Rule 29.15(i); Middleton v. State, 103 S.W.3d 726, 732 (Mo. banc 2003). This standard is met by identifying specific acts or omissions of counsel that, in light of all the circumstances, fell outside the wide range of professional competent assistance. Id. at 425. It is presumed that counsel's conduct was reasonable and effective. Clayton v. State, 63 S.W.3d 201, 206 (Mo. banc 2001). "Reasonable choices of trial strategy, no matter how ill fated they appear in hindsight, cannot serve as a basis for a claim of ineffective assistance." Cole v. State, 152 S.W.3d 267, 270 (Mo. banc 2004); Knese v. State, 85 S.W.3d 628, 633 (Mo. banc 2002). It is also not ineffective to pursue one reasonable trial strategy to the exclusion of another reasonable trial strategy. Clayton, 63 S.W.3d at 207.
To satisfy the second prong of the Strickland test, a movant must show "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Middleton, 103 S.W.3d at 733. "A reasonable probability is a probability sufficient to undermine confidence in the outcome." Id. "In order to show prejudice in a guilty plea case, a defendant must prove that, but for the errors of counsel, he would not have pled guilty and would have demanded a trial." State v. Roll, 942 S.W.2d 370, 375 (Mo. banc 1997).
Because the penalty phase was tried to a judge, it is particularly difficult to meet this standard. In court-tried cases judges are given great latitude in the admission of evidence because of the presumption that they will not give weight to incompetent evidence. Pike v. Pike, 609 S.W.2d 397, 403 (Mo. banc 1980). "Because of this, it is difficult to base reversible error on the erroneous admission of evidence in a court-tried case." Blackburn v. Richardson, 849 S.W.2d 281, 291 (Mo. App. S.D.1993). Erroneous admission of such evidence constitutes harmless error if other properly admitted evidence supports the judgment. Id. Further, because "judges are presumed to not consider improper evidence at sentencing," State v. Carter, 955 S.W.2d 548, 560 (Mo. banc 1997), "this Court presumes that inadmissible evidence" relevant to sentencing "is neither prejudicial nor fundamentally unfair in court-tried matters." Id.
By pleading guilty, Mr. Worthington waived any claim that counsel was ineffective except to the extent that the conduct affected the voluntariness and knowledge with which the plea was made. Roll, 942 S.W.2d at 375. "In any ineffectiveness case, a particular decision not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel's judgments." Strickland, 466 U.S. at 691, 104 S.Ct. 2052.
Mr. Worthington argues counsel acted unreasonably in not further investigating his social and medical history. In regard to the guilt phase, he alleges that had an adequate investigation been done he would not have pled guilty but would have proceeded to trial using a diminished capacity defense. In support, at the post-conviction hearing, he presented the testimony of three experts, Dr. Jonathan Pincus, Dr. Dennis Cowan, and ...
To continue reading
Request your trial-
Worthington v. Roper
...excessive as to be unduly inflammatory. The Missouri Supreme Court affirmed the denial of post-conviction relief. Worthington v. State, 166 S.W.3d 566 (Mo. 2005) (en banc). The court reviewed most, but not all, of the claims petitioner raised in his post-conviction appeal. Furthermore, it d......
-
Johnson v. Steele
...counsel is not required to consult additional experts in the hope of finding one who might provide more helpful testimony. Worthington v. State, 166 S.W.3d 566, 575 (Mo. banc 2005).In support of this claim, Movant presented the testimony of Dr. Pablo Stewart, a licensed psychiatrist hired b......
-
State Of Mo. v. Davis
...of cross-examination and the subjects covered must, in virtually every case, be left to the judgment of counsel”); see also Worthington v. State, 166 S.W.3d 566, 578 (Mo. banc 2005) (“Defense counsel has wide discretion in determining what strategy to use in defending his or her client”). 1......
-
Strong v. Roper
...probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." [Worthington v. State, 166 S.W.3d 566, 573 (Mo. 2005)]. Demonstrating that the alleged error had some conceivable effect on the outcome of the trial is not sufficient. Johnson......