Ervin v. State

MICHAEL A. WOLFF, Judge.

Rufus James- Ervin was convicted of murder in the first degree for killing Leland White. After the jury deadlocked on punishment, the trial judge sentenced Er-vin to death. Ervin appealed and this Court affirmed. State v. Ervin, 979 S.W.2d 149 (Mo. banc 1998). Ervin’s Rule 29.15 motion for post-conviction relief claiming ineffective assistance of counsel was overruled. This Court has jurisdiction of the appeal. Mo. Const, art. V, section 10.

Ervin contends that his counsel was ineffective in failing to object to certain matters in the guilt phase trial and in failing to…