Missouri Court of Appeals, 2001

Payne v. State

Payne v. State
Missouri Court of Appeals · Decided June 5, 2001 · Mooney, Simon, Sullivan
52 S.W.3d 585; 2001 Mo. App. LEXIS 916; 2001 WL 604943 (South Western Reporter, Third Series)

Payne v. State

Opinion of the Court

*586 ORDER

PER CURIAM.

Juan Payne, Movant, appeals the denial of his Rule 29.15 motion for post-conviction relief following his conviction of one count of murder in the second degree and one count of armed criminal action.

On appeal, Movant contends the motion court erred by denying his Rule 29.15 motion because: (1) he received ineffective assistance of counsel in that his trial counsel failed to follow adequate trial strategy by advising him not to testify; and (2) that there was no reasonable likelihood that the outcome of the Movant’s second trial would have been different had he testified in support of his alibi defense because this finding was not supported by the record in that the jury in the Movant’s initial trial had rejected such a defense.

We have reviewed the briefs of the parties, the legal file and the record on appeal and no error of law appears. An extended opinion reciting detailed facts and restating principles of law would have no prece-dential or jurisprudential value. We affirm the judgment pursuant to Rule 84.16(b).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.