Marberry v. State

CLEMENS, Senior Judge.

Movant William Marberry (hereafter “defendant”) appeals the summary denial of his Rule 27.26 motion.

Defendant had been jury-convicted of armed robbery and burglary and sentenced to consecutive ten and five year prison terms. Affirmed on appeal; State v. Marberry, 639 S.W.2d 290 (Mo.App.1982).

Defendant now dually challenges the summary denial of his motion. He first contends trial counsel “failed to call witnesses requested by movant”. Second, trial counsel “failed to properly interview and investigate the witnesses to be called by the state”. We rule each point in order.

I…