Smothers v. State

PRITCHARD, Presiding Judge.

In this Rule 27.26 proceedings, appellant contends that his trial counsel was ineffective by reason of failure to call certain witnesses. Appellant was convicted of murder in the first degree, with a sentence of life imprisonment, and the judgment of conviction was affirmed in State v. Smothers, 518 S.W.2d 187 (Mo.App.1974).

On this appeal, appellant contends first that he was denied effective assistance of counsel because he failed to call Davis and Patricia Saulmon as his witnesses “at a time when appellant’s trial counsel was operating under an ethical conflict.”…