ADKISON v. STATE (2020)

ORDER

Following a jury trial in the Circuit Court of Boone County, Brian Adkison was convicted of forcible rape. The circuit court sentenced him to 15 years’ imprisonment. After this Court affirmed Adkison's conviction on direct appeal, he sought post-conviction relief under Supreme Court Rule 29.15. Adkison claimed he received ineffective assistance of both trial and appellate counsel. He alleged trial counsel was ineffective: for failing to confer with Adkison concerning whether he wanted to testify before announcing that the defense rested; for failing to submit an instruction advising the jury that it could return a partial verdict; and for failing to impeach the victim on cross-examination with a prior inconsistent statement concerning whether Adkison had forced her to have sex. Adkison alleged appellate counsel was ineffective for failing to raise a sufficiency-of-the-evidence claim on direct appeal. The circuit court denied post-conviction relief following an evidentiary hearing. Adkison appeals. 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 Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order.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: