Gardner v. State

JAMES M. SMART, JR., Judge.

A jury in Cass County convicted Jeffrey Wayne Gardner of second-degree murder in 1997. The trial court followed the jury’s recommendation and sentenced Gardner to twenty years of imprisonment. The Missouri Supreme Court upheld Gardner’s conviction on direct appeal. State v. Gardner, 8 S.W.3d 66 (Mo. banc 1999). Gardner moved for post-conviction relief under Rule 29.15, alleging constitutionally ineffective assistance of counsel. After a hearing, his motion was denied. Gardner appeals. We reverse the denial of his motion.

Statement of Facts

In August of 1991, Gardner…