Phillip G. Payne v. State of Missouri

Phillip Payne appeals, following an evi-dentiary hearing, the denial of his Rule 29.15 motion for post-conviction relief. 1 Payne claims that trial counsel provided ineffective assistance by: (1) failing to more fully cross-examine the victim; and (2) advising Payne not to testify at trial. The motion court rejected Payne’s claims. Finding no error, we affirm.

Background

Following a jury trial, Payne was convicted of one count of statutory sodomy, 2 for which he was sentenced to twenty-five years’ imprisonment. State v. Payne, 414 S.W.3d 52, 53 (Mo. App. W.D. 2013), abrogated by Hoeber v.…