Usher v. State

CLEMENS, Senior Judge.

Appeal from the denial of a Rule 27.26 motion. We affirm.

The conviction sought to be vacated was for second-degree murder, for which the sentence • was twenty-eight years. Mov-ant’s conviction was affirmed on appeal. State v. Usher, 674 S.W.2d 190 (Mo.App. 1984).

Movant’s amended Rule 27.26 motion asserted ineffective assistance of trial counsel and denial of due process because the jurors were death qualified. On February 2, 1986, the matter was set for hearing on May 5, 1986. On May 5, 1986, at the beginning of the evidentiary hearing, defendant’s lawyer requested a…