Carman L. Deck, Appellant v. State of Missouri, Respondent

Summary

The court reversed the denial of post-conviction relief insofar as it rejected Deck's ineffective-assistance claim concerning the penalty-phase mitigation instructions, and remanded for a new penalty phase. Counsel's omission of required mitigation language was deficient performance, and the substantial mitigation evidence, combined with the jury's demonstrated confusion about mitigation, created a reasonable probability of a different sentencing result. The court affirmed denial of relief concerning the guilt phase and the challenge to the Rule 29.15 filing period.