Opinion
No. ED 110151
01-31-2023
Marlon D. GRIFFIN, Appellant, v. STATE of Missouri, Respondent.
FOR APPELLANTS: Kathryn M. Merwald, 920 W. Main Street, Suite 500, Kansas City, Missouri 64105. FOR RESPONDENT: Andrew Bailey, Garrick F. D. Aplin, P.O. Box 899, 221 West High Street, Jefferson City, Missouri 65102.
FOR APPELLANTS: Kathryn M. Merwald, 920 W. Main Street, Suite 500, Kansas City, Missouri 64105.
FOR RESPONDENT: Andrew Bailey, Garrick F. D. Aplin, P.O. Box 899, 221 West High Street, Jefferson City, Missouri 65102.
Kelly C. Broniec, P.J., Philip M. Hess, J., and James M. Dowd, J.
ORDER
PER CURIAM
In this Rule 29.15 ineffective assistance of counsel case, appellant Marlon Griffin claims the motion court clearly erred when it denied his request for an evidentiary hearing and found trial counsel was not ineffective: (1) for failing to object to irrelevant testimony by the murder victim's Mother; (2) for failing to move to strike that testimony; and (3) for failing to effectively investigate and counter the State's expert's testimony that cell phone tower data placed Griffin near the murder scene at the time of the murder. We affirm because the motion court did not clearly err since Griffin failed to establish that he was prejudiced by trial counsel's alleged errors. An extended would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b).