State v. Butler

PRICE, Judge.

On May 7,1991, James Butler was convicted and sentenced to death for the murder of his wife, Diana Butler. Butler appeals his conviction, sentence, and the denial of his Rule 29.15 post-conviction motion. We have exclusive jurisdiction over the appeals. Mo. Const, art. V, section 3. Because Butler received ineffective assistance of trial counsel, the judgment of conviction and sentence is vacated.

I. EVIDENCE PRESENTED AT TRIAL

At approximately 5:10 p.m. on May 5, 1990, Rodney Bavin was driving west on 80th Street in Kansas City, Clay County, Missouri. He noticed two girls walking…