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Balliet v. State

Missouri Court of Appeals, Western District
Sep 30, 2003
115 S.W.3d 446 (Mo. Ct. App. 2003)

Opinion

No. WD 62089

September 30, 2003

Appeal from the Circuit Court of Clay County, Missouri, Honorable Michael J. Maloney, Judge.

Andrew A. Schroeder, Kansas City, MO, for Appellant.

John M. Morris, III, Breck K. Burgess, Jefferson City, MO, for Respondent.

Before Ellis, C.J., Lowenstein and Breckenridge, JJ.


ORDER


Movant, who pled guilty to forcible rape, filed this motion for relief under Rule 24.035, asserting counsel did not advise him of the potential defense of consent of the victim. His amended motion was denied without evidentiary hearing, the court having determined movant's testimony at the plea hearing clearly admitted his use of force and threats to coerce the victim. Affirmed. Rule 84.16(b).


Summaries of

Balliet v. State

Missouri Court of Appeals, Western District
Sep 30, 2003
115 S.W.3d 446 (Mo. Ct. App. 2003)
Case details for

Balliet v. State

Case Details

Full title:HENRY S. BALLIET, Appellant, v. STATE OF MISSOURI, Respondent

Court:Missouri Court of Appeals, Western District

Date published: Sep 30, 2003

Citations

115 S.W.3d 446 (Mo. Ct. App. 2003)