Tabor v. State

GARY W. LYNCH, Judge.

Michael A. Tabor (“Movant”) appeals the denial of his Rule 29.15 postconviction motion alleging ineffective assistance of counsel. 1 Movant contends that counsel was ineffective, first, for opening the door for — and failing to object to — evidence of uncharged acts and, second, for failing to submit a lesser-included-offense instruction to the jury. Finding no merit in Movant’s claims, we affirm.

Factual and Procedural Background

On the afternoon of February 24, 2004, Movant and Robert Swiek spent several hours trying to catch a nine-month-old colt in an effort to halter…