Legal Opinion

Kirk v. State

Missouri Court of Appeals

Decided August 8, 1989No. 56002PublishedCited by 12 opinions

1Opinion of the Court

DOWD, Presiding Judge.

Movant was convicted of robbery first degree and sentenced as a persistent and dangerous offender to life in prison. Mov-ant’s direct appeal of this conviction was denied by this court in State v. Kirk, 636 S.W.2d 962 (Mo.App.1982). On June 22, 1988, movant filed a Rule 29.15 motion which was denied without an evidentiary hearing. He now appeals this denial on the sole ground that his trial counsel was ineffective in failing to preserve for review a Batson issue of improper prosecutorial use of racially based peremptory challenges.

This appeal is patently meritless for…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. Scott v. StateMissouri Court of Appeals · 1987
  4. Byrd v. StateMissouri Court of Appeals · 1986

3Cited by12 opinions

  1. State v. BakerMissouri Court of Appeals · 1993
  2. State v. LayMissouri Court of Appeals · 1995
  3. State v. LoaziaMissouri Court of Appeals · 1992
  4. State v. ThompsonMissouri Court of Appeals · 1997
  5. Olds v. StateMissouri Court of Appeals · 1994

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