SWINTON v. STATE (2022)

Missouri Court of Appeals, Western District.

Fazon SWINTON, Appellant, v. STATE of Missouri, Respondent.

WD 84239

Decided: June 07, 2022

Before Division One: Lisa White Hardwick, P.J., and Alok Ahuja and Mark D. Pfeiffer, JJ.

Annette M. Wallace, Kansas City, for appellant. Karen L. Kramer, Jefferson City, for respondent.

ORDER

Following a jury trial in the Circuit Court of Jackson County, Fazon Swinton was convicted of murder in the second degree, armed criminal action, attempted robbery in the second-degree, and leaving the scene of a shooting. Swinton asserted that he acted in self-defense. He did not testify at his trial. Following the affirmance of his convictions on direct appeal, Swinton filed a motion for post-conviction relief under Supreme Court Rule 29.15. The circuit court denied relief following an evidentiary hearing. Swinton appeals. He argues that his trial counsel was ineffective for failing to move to strike a venireperson for cause, after that venireperson indicated his desire to hear testimony from the defendant where the defendant asserted self-defense. 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 Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order.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:

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