Brandon v. State

The State of Missouri (“State”) appeals from the Judgment of the Circuit Court of Clay County, Missouri (“motion court”), granting, after an evidentiary hearing, Timothy Brandon’s (“Brandon”) amended Rule 24.0351 motion for post-conviction relief, in which he alleged that he received ineffective assistance of counsel. Because the motion court clearly erred in granting post-conviction relief, we reverse.

Factual and Procedural History

The State charged Brandon by information with one count of statutory sodomy in the first degree. An amended information alleged that Brandon was a prior offender.…