Daryl Davis, Movant/Appellant v. State of Missouri

Introduction

Daryl Davis (Movant) appeals the denial of his Rule 29.15 motion for post-conviction relief. Movant claims the motion court erred by denying his motion without an evidentiary hearing because Movant alleged facts showing that counsel’s performance was ineffective for (1) failing to strike an allegedly sleeping juror and request the trial court to voir dire the jury regarding whether it was distracted by the sleeping juror and (2) failing to object, and to request an instruction that the jury disregard, the State’s “direct reference” to Movant’s right not to testify during closing…