DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201094P.pdf 10/26/2021 Rodney Donelson v. Troy Steele
U.S. Court of Appeals Case No: 20-1094
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Chief Judge Smith, Author, with Kelly and Erickson, Circuit
Judges]
Prisoner case - Habeas. The Missouri state court decision determining
Donelson was not denied effective assistance of counsel by his trial
attorney's decision to withdraw a motion to sever the two murder charges
was based on an unreasonable interpretation of the facts; however,
Donelson is not entitled to habeas relief because he cannot show prejudice
from his attorney's decision to withdraw the motion to sever the two
murder charges; the trial court's decision to deny severance was
reasonable and did not amount to an abuse of the trial court's discretion;
it is therefore, unlikely that the Missouri Court of Appeals would have
reversed the trial court's denial of severance; even if Donelson could
show a substantial probability of severance on appeal, he cannot show an
overall reasonable probability of a different outcome in the case; the
evidence against Donelson was convincingly incriminating on both murders,
and Donelson has not met his burden of showing a reasonable probability of
a different outcome in either case, even if they had been severed. Judge
Kelly, dissenting.