Section 31.22 Pretrial Conduct

• Library: Criminal Practice 2012 Supp

2. (§31.22) Pretrial Conduct

Pretrial conduct by counsel that has been the basis of post-conviction motions includes:

· failing to investigate the facts or law of the case;

· failing to consult with the defendant; and

· giving incorrect or misleading advice before a plea of guilty.

There is no hard-and-fast rule that counsel must conduct an independent investigation in all cases, but investigation must be adequate under the circumstances. Counsel’s basic duty to investigate remains intact under Strickland v. Washington, 466 U.S. 668 (1984). The Court observed that strategic choices made after thorough investigation “are virtually unchallengeable.” Id. at 690–91. Strategic choices based on less than complete investigation are reasonable “to the extent that reasonable professional judgments support the limitations on investigation.” Id. at 691; see also Moore v. State, 827 S.W.2d 213, 215 (Mo. banc 1992); Bonner v. State, 734 S.W.2d 606, 607 (Mo...