CHARLES LANE JR v. STATE OF MISSOURI (2011)

Missouri Court of Appeals, Western District.

CHARLES LANE, JR., Appellant, v. STATE OF MISSOURI, Respondent.

WD72496

Decided: October 25, 2011

Before Division Two: Mark D. Pfeiffer, Presiding Judge, Victor C. Howard, Judge and Cynthia L. Martin, Judge

Susan L. Hogan, Kansas City, MO, for appellant. Shaun J. Mackelprang, Jefferson City, MO, for respondent.

ORDER

Charles Lane, Jr. appeals from the motion court's denial of his Rule 29.15 motion. Lane claims that the motion court clearly erred because he received ineffective assistance of counsel. Lane contends that his trial counsel failed (1) to assert Lane's diminished capacity at the time of the killing by failing to ask the testifying psychiatrist whether Lane's mental illness affected his ability to deliberate, and (2) to request that the trial court give the diminished capacity instruction to the jury. We affirm. Rule 84.16(b).

The Honorable Brian C. Wimes, Judge

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