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Carter v. State

Missouri Court of Appeals, Western District.
Nov 5, 2019
587 S.W.3d 708 (Mo. Ct. App. 2019)

Opinion

WD 82074

11-05-2019

Bryan S. CARTER, Appellant, v. STATE of Missouri, Respondent.

Carol D. Jansen, Assistant State Public Defender, Columbia, MO, Attorney for Appellant. Eric S. Schmitt, Attorney General, and Julia A. Rives, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.


Carol D. Jansen, Assistant State Public Defender, Columbia, MO, Attorney for Appellant.

Eric S. Schmitt, Attorney General, and Julia A. Rives, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Before Division Four: Karen King Mitchell, Chief Judge, and Gary D. Witt and Anthony Rex Gabbert, Judges

Order

Per Curiam: Bryan Carter appeals, following an evidentiary hearing, the denial of his Rule 24.035 motion for post-conviction relief. Carter raises two points on appeal. First, he argues that the motion court clearly erred in failing to appoint new counsel after finding that post-conviction counsel had abandoned Carter by filing his amended motion out of time. Second, he claims that the motion court clearly erred in denying his amended motion because plea counsel’s failure to present mitigating evidence at his sentencing hearing constituted ineffective assistance of counsel. Finding no error, we affirm. Rule 84.16(b).


Summaries of

Carter v. State

Missouri Court of Appeals, Western District.
Nov 5, 2019
587 S.W.3d 708 (Mo. Ct. App. 2019)
Case details for

Carter v. State

Case Details

Full title:Bryan S. CARTER, Appellant, v. STATE of Missouri, Respondent.

Court:Missouri Court of Appeals, Western District.

Date published: Nov 5, 2019

Citations

587 S.W.3d 708 (Mo. Ct. App. 2019)