Opinion
No. WD 57846
November 28, 2000 Motion for Rehearing and/or Transfer to Supreme Court Denied January 30, 2001.
APPEAL FROM: CIRCUIT COURT OF JACKSON COUNTY, MISSOURI, HONORABLE JAY A. DAUGHERTY, JUDGE.
Andrew Schroeder, Esq., Kansas City, MO, for Appellant
Philip M. Koppe, Esq., Kansas City, MO for Respondent
Before: Holliger, P.J., Lowenstein and Newton, JJ.
ORDER
Keith R. Hardin appeals from the denial of his Rule 29.15 motion for postconviction relief following an evidentiary hearing. Hardin was found guilty after a jury trial of one count each of forcible sodomy, § 566.060, RSMo 1994, and armed criminal action, § 571.015. Because this court finds that (1) trial counsel was unaware of potential defense witness Larry Pouncil (Pouncil), and (2) Pouncil's presumed testimony would have been inadmissible under the rape shield statute, the order of the trial court is affirmed. Rule 84.16(b).
All statutory references are to the 1994 Revised Statutes of Missouri unless otherwise indicated.