Shawn H. Flaherty v. State of Missouri

Summary

The Supreme Court of Missouri affirmed the denial of Shawn Flaherty's postconviction motion alleging ineffective assistance for failing to request a fourth-degree domestic-assault instruction. Although counsel's performance was deficient, Flaherty failed to prove a reasonable probability that the omitted instruction would have changed the verdict. The Court also clarified that postconviction appellate review includes de novo review of legal errors, review for insufficient evidentiary support, and the traditional clearly erroneous standard for factual findings.