Legal Opinion

Simmons v. State

Missouri Court of Appeals

Decided March 10, 2008No. 28451Published

1Opinion of the Court

DON E. BURRELL, Judge.

This appeal stems from a denial of Robert Simmons’ (Movant) Rule 29.15 1 motion for post-conviction relief. In his single point on appeal, Movant alleges his trial counsel was ineffective for failing to inves tigate and call certain witnesses because he believed their testimony would have resulted in a different outcome in his criminal trial.

Standard of Review

Appellate review of a motion court’s ruling on a Rule 29.15 motion is limited to a determination of whether the findings and conclusions of the court are clearly erroneous. Rule 29.15(k). The motion court’s findings…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. White v. StateSupreme Court of Missouri · 1997
  4. Winfield v. StateSupreme Court of Missouri · 2002
  5. Ringo v. StateSupreme Court of Missouri · 2003

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