State ex rel. Howard J. Verweire v. Steven Moore

Summary

The Supreme Court of Missouri granted habeas corpus relief to Howard J. Verweire, holding that the record did not establish a factual basis for his guilty plea to first-degree assault. The court determined that his conduct and threats did not demonstrate the requisite intent or substantial step toward causing serious physical injury, found him actually innocent of that offense, vacated the conviction, and permitted him to withdraw his plea.

Holdings

1. Habeas corpus relief is available, even without a direct appeal or Rule 24.035 proceeding, when the petitioner demonstrates a manifest injustice or miscarriage of justice by showing that a constitutional violation probably resulted in the conviction of an actually innocent person.
2. A threat to cause serious physical injury, even when made while the defendant possesses the apparent ability to carry it out, does not necessarily constitute an attempt to commit first-degree assault. The State must establish a purposeful intent to cause serious physical injury and conduct constituting a substantial step strongly corroborative of that intent.
3. Because the evidence did not establish the mental element of first-degree assault, there was no factual basis for the guilty plea; consequently, the plea was not knowingly and voluntarily entered and the assault conviction could not stand.

Questions Presented

1. Whether habeas corpus relief was available despite the absence of a direct appeal or Rule 24.035 proceeding when the petitioner claimed actual innocence and a constitutional violation.
2. Whether Verweire's conduct constituted a substantial step, accompanied by the specific intent to cause serious physical injury, sufficient to support first-degree assault.
3. Whether the absence of a factual basis for the guilty plea rendered the plea unknowing and involuntary in violation of due process.

Disposition

vacated