Burroughs v. State

DOWD, Presiding Judge.

Movant, Robert Gene Burroughs was convicted of first degree robbery and was sentenced to fifteen years in the Missouri State Penitentiary. His conviction was upheld on appeal. State v. Burroughs, 559 S.W.2d 42 (Mo.App.1977). Movant sought to have the judgment vacated pursuant to Rule 27.26 on the grounds that he had been denied effective assistance of counsel. Movant contended that due to counsel’s failure to call Ms. Ford, an eyewitness, to testify and because counsel strongly advised Movant not to testify in his own behalf, he was denied a fair trial.

At the evidentiary…