Missouri Court of Appeals, 2003

Robertson v. State

Robertson v. State
Missouri Court of Appeals · Decided July 29, 2003 · Howard, Newton, Ulrich
110 S.W.3d 890; 2003 Mo. App. LEXIS 1201; 2003 WL 21744375 (South Western Reporter, Third Series)

Robertson v. State

Opinion of the Court

ORDER

PER CURIAM.

Gregory Robertson (Movant) appeals from the judgment denying his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. In his motion, Mov-ant alleged that his trial counsel was ineffective for accepting his case on the eve of trial and incorrectly advising him that the trial court would grant a continuance to allow counsel time to prepare Movant’s case. After an evidentiary hearing, the motion court found that the inability of counsel to be fully prepared for Movant’s case was not due to ineffective conduct by counsel, but due to the lack of cooperation and the conduct of Movant himself. Thus, Movant, by his conduct, waived the right to claim that his lawyer was unprepared and thus rendered ineffective assistance of counsel.

Affirmed. Rule 84.16(b).

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