"The authority of a trial court to exclude witnesses from the courtroom prior to their testimony is a rule established by common law in Missouri." Lynch v. State, 551 S.W.3d 70, 74 (Mo. App. E.D. 2018). "[I]t is well[-]established in Missouri that the ability to exclude a witness is at the discretion of the trial court and is not a matter of right."
"The authority of a trial court to exclude witnesses from the courtroom prior to their testimony is a rule established by common law in Missouri." Lynch v. State, 551 S.W.3d 70, 74 (Mo. App. E.D. 2018). "[I]t is well[-]established in Missouri that the ability to exclude a witness is at the discretion of the trial court and is not a matter of right."
To establish ineffective assistance of counsel for failing to request an instruction for a lesser-included offense, the movant must show: (1) the evidence would have required an instruction on the lesser-included offense had it been requested; (2) the decision not to request the instruction was not part of a reasonable trial strategy; and (3) the movant was prejudiced by counsel’s failure. Lynch v. State , 551 S.W.3d 70, 75 (Mo. App. E.D. 2018). Trial counsel is presumed effective, and the movant bears the burden to prove otherwise. Jones v. State , 514 S.W.3d 72, 80 (Mo. App. E.D. 2017).