Emanuel Joyce v. State Missouri

Movant appeals from the denial, without evidentiary hearing, of his Rule 27.26 motion. He is presently serving a 27 year sentence for robbery first degree, which conviction was affirmed in Joyce v. State, 637 S.W.2d 386 (Mo.App. 1982). After the filing of the pro se motion, counsel was appointed and an amended motion was filed. The amended motion alleges two grounds of ineffective assistance of counsel: (1) failure to request a psychiatric examination and, (2) failure to raise as a defense movant's heroin addiction as affecting his culpable mental state. The trial court denied the motion, without evidentiary hearing, for the reasons that movant's allegation were refuted by the record and for failure to plead facts which, if true, would entitle him to relief. We affirm. Counsel will not be convicted of ineffective assistance for failure to request a psychiatric examination when he has no reason to suspect his client is suffering from any mental disease or defect. Scroggins v. State, 604 S.W.2d 699, 701 (Mo.App. 1980). The only fact alleged in the motion here is that movant was addicted to heroin. Narcotic addiction, in the absence of some additional evidence of psychosis, does not constitute a mental disease or defect so as to be a defense within the meaning of § 552.010, RSMo. 1978. State v. Ingram, 607 S.W.2d 438, 441 (Mo. 1980). No such psychosis is alleged here. On the contrary, movant's allegations are only directed to diminished mental capacity by reason of addiction. The failure to request a psychiatric examination is not mentioned in the points relied on or the argument portions ofmovant's brief on appeal and may be considered as abandoned. Ross v. State, 601 S.W.2d 672, 676 (Mo.App. 1980).