Smith v. State

WILLIAM RAY PRICE, JR., Judge.

The state of Missouri appeals an order of post-conviction relief granting movant Codey L. Smith a new trial based on ineffective assistance of trial counsel. Smith’s counsel did not call as a witness or investigate the codefendant of the crime, who would have testified at trial that Smith was not involved in the robbery. For this omission, which reasonably could have changed the outcome of Smith’s trial, counsel was ineffective. The motion court’s judgment is affirmed.

I. Facts and Procedural History

On August 30, 2006, two men armed with .22-caliber guns and…