No Showing of Ineffective Counsel Over Transgender Identification

In an action for confinement as a sexually violent predator, appellant had the right to effective trial counsel, but challenging the judgment requires appellant to advance a theory to the Court of Appeals. The theory might be “the meaningful-hearing standard [,]” or the failure-and-prejudice standard, but appellant made no showing under either. Appellant “presents no evidence that her identification as a transgender woman would in fact make her less dangerous to reoffend” nor how “a reasonable attorney would [have shown that] identification as transgender would have rendered her any less dangerous to reoffend or would have reasonably affected the outcome of her trial.” Instructions specified the offenses on which the jury could find appellant a sexually violent predator and so did not mislead the jury.

In the Matter of the Care and Treatment of Jerry Davis, a/k/a Jerry M. Davis, Jr., a/k/a Jerry Miller Davis, Jr. vs. State of Missouri
(Overview Summary)
Missouri Court of Appeals, Western District – WD83673

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