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Jenkins v. State

Missouri Court of Appeals, Eastern District, DIVISION ONE.
Sep 14, 2021
628 S.W.3d 837 (Mo. Ct. App. 2021)

Opinion

No. ED 109159

09-14-2021

Michael D. JENKINS, Appellant, v. STATE of Missouri, Respondent.

FOR APPELLANT: Maleaner R. Harvey, Missouri Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101. FOR RESPONDENT: Nathan J. Aquino, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.


FOR APPELLANT: Maleaner R. Harvey, Missouri Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.

FOR RESPONDENT: Nathan J. Aquino, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.

Before Sherri B. Sullivan, P.J., Kurt S. Odenwald, J., and Kelly C. Broniec, J.

ORDER

PER CURIAM

Michael D. Jenkins ("Movant") appeals the motion court's order denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing, finding that Movant failed to establish by a preponderance of the evidence that his trial counsel was ineffective. Movant brings three points on appeal, each arguing that the motion court clearly erred in denying his Rule 29.15 motion because he proved by a preponderance of the evidence that trial counsel was ineffective for: (1) failing to investigate and call a material alibi witness, (2) failing to object to hearsay testimony, and (3) failing to challenge identification evidence.

A written opinion would have no precedential value nor serve any jurisprudential purpose. We have provided the parties a memorandum setting forth the reasons for our decision. We affirm the order of the motion court under Rule 84.16(b).


Summaries of

Jenkins v. State

Missouri Court of Appeals, Eastern District, DIVISION ONE.
Sep 14, 2021
628 S.W.3d 837 (Mo. Ct. App. 2021)
Case details for

Jenkins v. State

Case Details

Full title:Michael D. JENKINS, Appellant, v. STATE of Missouri, Respondent.

Court:Missouri Court of Appeals, Eastern District, DIVISION ONE.

Date published: Sep 14, 2021

Citations

628 S.W.3d 837 (Mo. Ct. App. 2021)