Smith v. State

ORDER

Kevin Smith (movant) appeals the judgment denying his Rule 29.15 motion for post-conviction relief.

On appeal, movant contends the motion court erred in denying his Rule 29.15 motion after an evidentiary hearing because the record leaves a definite and firm impression that he was denied effective assistance of counsel in that his trial counsel failed to impeach Timothy Graves with his prior inconsistent deposition testimony after he testified at trial that movant called his co-defendant his “home boy,” leaving the impression that movant and his co-defendant knew each other; whereas, in…