Hickey v. State

LAWRENCE E. MOONEY, Judge.

The movant, Pietro Hickey, appeals the denial of his Rule 29.15 motion for postcon-viction relief without an evidentiary hearing. The movant claims that trial counsel was ineffective, first — for laboring under an actual conflict of interest, and second— for inducing the movant’s unknowing, unintelligent, and involuntary waiver of his right to testify. We affirm the motion court’s determination, without an eviden-tiary hearing, that counsel did not labor under an actual conflict of interest and thus was not ineffective. We hold, however, that the motion court clearly…