Missouri Court of Appeals, 2001

Caldwell v. State

Caldwell v. State
Missouri Court of Appeals · Decided June 12, 2001 · Howard, Smart, Smith
53 S.W.3d 173; 2001 Mo. App. LEXIS 998; 2001 WL 650647 (South Western Reporter, Third Series)

Caldwell v. State

Opinion of the Court

Order

PER CURIAM.

Alphonso Caldwell appeals from the order of the circuit court denying his Rule 29.15 motion for post-conviction relief, following an evidentiary hearing. He claims that the motion court erred in denying his motion because he established by a preponderance of the evidence that he received ineffective assistance of trial counsel in that the evidence at the motion hearing demonstrated that competent and effective counsel would have impeached a State’s witness with his prior inconsistent statement that someone other than the appellant sold him the controlled substance in question.

Judgment affirmed. Rule 84.16(b).

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