BUSEY v. STATE (2024)

ORDER

Following a jury trial in the Circuit Court of Buchanan County, Eric Busey was convicted of unlawful use of a weapon. After this Court affirmed Busey's conviction, he filed a motion for post-conviction relief under Supreme Court Rule 29.15. The circuit court denied relief without an evidentiary hearing. Busey appeals. He contends that he was entitled to an evidentiary hearing on his claims that his trial counsel was ineffective for: failing to request a duress instruction; failing to adduce evidence to support a duress defense; failing to prepare Busey to testify at trial, and to testify during a hearing in which Busey sought leave to represent himself; and failing to move to suppress Busey's extrajudicial statements. Busey also contends he was entitled to an evidentiary hearing on his claim that appellate counsel was ineffective for failing to argue prosecutorial misconduct based on the use of Busey's extrajudicial statements at trial. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM: