State v. Harvey

HIGGINS, Judge.

Walter Harvey appeals a final judgment entered after a jury verdict finding him guilty of capital murder, section 565.001, RSMo 1978, and fixing his punishment at death, section 565.008.1, RSMo 1978. The dispositive question is whether the nonpar-ticipation of defense counsel at trial deprived defendant of his right to effective assistance of counsel guaranteed by the sixth amendment. Reversed and remanded.

The evidence supports defendant’s conviction for the murder of Gary Decker. It established that defendant, a 23-year-old black male, and Raphael Clark abducted *291Decker and his…