McCoy v. State

PHILIP M. HESS, Judge.

Introduction

Marcus McCoy (Movant) appeals the motion court’s judgment denying his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. He contends that the motion court clearly erred in denying his claim that defense counsel was ineffective for: 1) failing to call Movant to testify at trial; 2) failing to include a claim in his motion for new trial; and 3) withdrawing a request for mistrial. We affirm.

Factual Background

In March 2011, Movant was convicted of two counts of first-degree assault and two counts of armed criminal action, stemming from a…