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CLAY v. STATE (2021)

Missouri Court of Appeals, Western District.

Larry CLAY, Appellant, v. STATE of Missouri, Respondent.

WD 82878

Decided: January 12, 2021

Before Division One: Thomas N. Chapman, P.J., Mark D. Pfeiffer, and W. Douglas Thomson, JJ.

Jennifer Hernandez, Kansas City, MO, Counsel for Appellant. Kent Gipson, Kansas City, MO, Co-Counsel for Appellant. Shaun Mackelprang, Jefferson City, MO, Counsel for Respondent.

ORDER

Larry Clay appeals from a Jackson County motion court's denial of his Rule 29.15 motion following an evidentiary hearing. Clay asserts that the motion court clearly erred in denying his motion for postconviction relief, because he received ineffective assistance of counsel at trial. Clay raises two points on appeal. In his first point, he contends that his trial counsel was ineffective in failing to request a self-defense instruction that included “withdrawal” language. In his second point, he asserts that his trial counsel was ineffective in failing to request an instruction on involuntary manslaughter. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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CLAY v. STATE (2021)

Docket No: WD 82878

Decided: January 12, 2021

Court: Missouri Court of Appeals, Western District.

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