Braxton v. State

PHILLIP R. GARRISON, Judge.

James Corey Braxton, III, (“Movant”) appeals the denial of his motion for post-conviction relief, following an evidentiary hearing, pursuant to Rule 24.035. 1 He contends that the trial court erred in denying his motion because he received ineffective assistance of counsel, in that his trial counsel failed to file, and advise Movant of the possibility of filing, a motion to suppress evidence.

Around September 1, 2001, Officer Kevin Shipley (“Officer Shipley”) of the Springfield Police Department received information from a reliable informant that David Fox (“Fox”)…