Payne v. State

ROBERT G. DOWD, Jr., Judge.

Juan Payne (Movant) appeals the denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. Mov-ant contends the motion court erred in denying his post-conviction motion in that (1) his trial counsel was ineffective for not allowing Movant to testify at trial, and (2) his trial counsel was ineffective for refusing to call Movant’s alibi witnesses at trial. We reverse and remand in part and affirm in part.

Movant was convicted of one count of murder in the second degree, Section 565.021, RSMo 1994, and one count of armed criminal action,…