Supreme Court of Missouri

Donnie Wayne Hounihan v. State of Missouri

October 15, 2019

Summary

The Supreme Court of Missouri affirmed the motion court’s denial of post‑conviction relief for Hounihan’s driving‑while‑intoxicated conviction, finding no reasonable probability that physician testimony would have changed the result. Conversely, the Court reversed the denial of relief for the driving‑while‑revoked conviction, holding that appellate counsel’s failure to raise a meritorious sufficiency‑of‑evidence claim was deficient performance that prejudiced Hounihan, and remanded for resentencing as a misdemeanor.