Whether trial counsel can be held to have an objectively reasonable strategy in not making a legal argument when he never considered that legal argument at all

QUESTIONS PRESENTED 1. Whether, in direct conflict with other federal and state decisions, the Missouri Court of Appeals correctly held that under the Sixth Amendment, trial counsel can be held to have an objectively reasonable strategy in not making a legal argument, precluding a finding of ineffective assistance of counsel, when he never considered that legal argument at all. 2. Whether Missouri’s local doctrine that an attorney’s failure to call a witness only can be prejudicial under an ineffective assistance of counsel analysis when the witness’s testimony would unqualifiedly support the defendant comports with the Sixth Amendment, rather than just whether, with the missing witness’s testimony, there is a reasonable probability the outcome would have been different.