Schwertz v. State

WILLIAM W. FRANCIS, JR., J.

Brent Schwertz ("Schwertz"), appeals the judgment of the motion court denying his Rule 29.151 motion to set aside his convictions for first-degree murder and armed criminal action. In one point, Schwertz asserts the motion court clearly erred in denying his Rule 29.15 motion because trial counsel was ineffective for failing to investigate, research, present evidence and argue that the gun involved in the murder was a model known to be defective and to accidentally discharge. Because the motion court's decision to deny the post-conviction motion was not clearly…