MYERS v. STATE (2018)

Missouri Court of Appeals, Western District.

Sara MYERS, Appellant, v. STATE of Missouri, Respondent.

WD 80358

Decided: February 27, 2018

Before Division One: Thomas H. Newton, Presiding Judge, and Victor C. Howard and Karen King Mitchell, Judges

Christopher J. Swatosh, Ava, MO, Attorney for Appellant. Joshua D. Hawley, Attorney General, and Karen L. Kramer, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Order

Sara Myers appeals the denial, following an evidentiary hearing, of her Rule 29.15 motion for post-conviction relief. Myers raises five claims on appeal. She argues that the motion court erred in denying her motion for change of judge both as a matter of right and for cause. She then argues that the motion court clearly erred in rejecting her claims that trial counsel was ineffective in failing to (1) impeach a State’s witness with evidence of drug intoxication; (2) submit MAI-CR 3d 310.14 regarding the jury’s consideration of prior convictions on witness credibility; and (3) submit MAI-CR 3d 310.28 regarding the defense of entrapment. Because the motion court did not clearly err, we affirm. Rule 84.16(b).

Per Curiam:

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