Harper v. State

Benjamin Lewis Harper (“Movant”) appeals from the motion court’s denial of his Rule 29.151 motion for post-conviction relief. Movant claims the trial court clearly erred in denying his claim that David Back (“trial counsel”) provided ineffective assistance of counsel during the proceedings regarding whether Movant’s waiver of counsel prior to trial was knowing and voluntary. Movant also argues that he is entitled to remand because he was abandoned by post-conviction counsel. We disagree and affirm the trial court’s decision.

Standard of Review

An evidentiary hearing is not required in a…