Missouri Court of Appeals, 2000

Hardin v. State

Hardin v. State
Missouri Court of Appeals · Decided November 28, 2000 · Holliger, Lowenstein, Newton
37 S.W.3d 296; 2000 Mo. App. LEXIS 1767; 2000 WL 1744517 (South Western Reporter, Third Series)

Hardin v. State

Opinion of the Court

ORDER

PER CURIAM.

Keith R. Hardin appeals from the denial of his Rule 29.15 motion for postconviction relief following an evidentiary hearing. Hardin was found guilty after a jury trial of one count each of forcible sodomy, § 566.060, RSMo 1994 1,and armed criminal action, § 571 .015. Because this court *297finds that (1) trial counsel was unaware of potential defense witness Larry Pouncil (Pouncil), and (2) Pouncil’s presumed testimony would-have been inadmissible under the rape shield statute, the order of the trial court is affirmed. Rule 84.16(b).

. All statutory references are to the 1994 Revised Statutes of Missouri unless otherwise indicated.

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