JOHNSON v. STATE (2024)

Missouri Court of Appeals, Western District.

De'wayne C. JOHNSON, Appellant, v. STATE of Missouri, Respondent.

WD 86217

Decided: October 29, 2024

Before Division Two: W. Douglas Thomson, Presiding Judge, Karen King Mitchell and Janet Sutton, Judges

Shajiah Jaffri, Assistant Public Defender, Kansas City, MO, Attorney for Appellant. Andrew Bailey, Attorney General, Karen L. Kramer, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Order

De'wayne Johnson appeals, following an evidentiary hearing, the denial of his Rule 29.15 ¹ motion. In his appeal, Johnson claims (1) ineffective assistance of trial counsel by failing to object to the State's four medical experts as prejudicially cumulative evidence as to the cause of death; (2) ineffective assistance of trial counsel by failing to request a jury instruction on justification; and (3) ineffective assistance of appellate counsel by failing to raise as plain error the trial court's failure to instruct on justification. Finding no error, we affirm. Rule 84.16(b).

FOOTNOTES

1. All rule references are to the Missouri Supreme Court Rules (2023).

Per Curiam:

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