BERNING v. STATE (2022)

Missouri Court of Appeals, Western District.

Ryan Lee BERNING, Appellant, v. STATE of Missouri, Respondent.

WD 84630

Decided: November 22, 2022

Before Division Four: Gary D. Witt, Chief Judge, Presiding, Mark D. Pfeiffer and Thomas N. Chapman, Judges

Justin Ortiz, Kansas City, MO, for appellant. Justin Davis, Jefferson City, MO for respondent.

ORDER

Ryan Berning appeals the Buchanan County Circuit Court's judgment denying his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. He contends that the motion court clearly erred in denying his claim that plea counsel was ineffective for failing to file a motion for mental evaluation pursuant to section 552.020, RSMo Cum. Supp. 2021, because it failed to apply the proper standard to his motion. Because a published opinion would have no precedential value, a memorandum explaining the reason for this decision is provided to the parties. The judgment is affirmed. Rule 84.16(b).

Per Curiam:

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