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Benedict v. State

Missouri Court of Appeals, Eastern District, DIVISION ONE.
Mar 8, 2022
640 S.W.3d 813 (Mo. Ct. App. 2022)

Opinion

No. ED 109445

03-08-2022

Tyrone BENEDICT, Appellant, v. STATE of Missouri, Respondent.

FOR APPELLANT: Susan A. DeGeorge, Missouri Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101. FOR RESPONDENT: Gregory L. Barnes, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.


FOR APPELLANT: Susan A. DeGeorge, Missouri Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.

FOR RESPONDENT: Gregory L. Barnes, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.

Before Kurt S. Odenwald, P.J., Kelly C. Broniec, J. and John P. Torbitzky, J.

ORDER

PER CURIAM

Tyrone Benedict ("Movant") appeals from the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Movant brings four points on appeal, each alleging ineffective assistance of counsel. First, Movant argues that his trial counsel was ineffective for failing to investigate, hire, and present expert testimony. Second, Movant asserts that trial counsel was ineffective for not moving to strike jurors alleged to be sleeping during trial. Third, Movant contends that trial counsel was ineffective for failing to object to testimony from a witness on foundation and relevance grounds. Finally, Movant alleges that trial counsel was ineffective for failing to object to testimony that a police canine can detect odors of ignitable substances that laboratory equipment cannot detect.

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 judgment of the motion court under Rule 84.16(b).


Summaries of

Benedict v. State

Missouri Court of Appeals, Eastern District, DIVISION ONE.
Mar 8, 2022
640 S.W.3d 813 (Mo. Ct. App. 2022)
Case details for

Benedict v. State

Case Details

Full title:Tyrone BENEDICT, Appellant, v. STATE of Missouri, Respondent.

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

Date published: Mar 8, 2022

Citations

640 S.W.3d 813 (Mo. Ct. App. 2022)