WEYANT v. STATE (2023)

ORDER

Following a jury trial in the Circuit Court of Adair County, Scott Weyant was convicted of sodomy in the first degree in violation of § 566.060, RSMo. We affirmed his conviction on direct appeal. State v. Weyant, 598 S.W.3d 675 (Mo. App. W.D. 2020). Weyant then filed a motion for post-conviction relief under Supreme Court Rule 29.15. The circuit court denied the motion following an evidentiary hearing, and Weyant appeals. On appeal, Weyant argues that his trial counsel was ineffective for failing to request a jury instruction on a lesser offense. Weyant also argues that his trial counsel was ineffective for failing to object to prosecution questioning of a defense expert, concerning whether chemical inhibitors could have interfered with DNA testing. Finally, Weyant contends that trial counsel was ineffective for failing to elicit testimony from the expert on redirect examination that no chemical inhibitors had been detected. 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 Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order.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: