Hayes v. State
Hayes v. State
Opinion of the Court
John C. Hayes (“Movant”) appeals from the motion court’s denial of his Amended Motion to Vacate, Set Aside or Correct Judgment and Sentence brought pursuant to Rule 29.15.
A brief review of the facts is necessary to properly address Movant’s point on appeal.
Movant’s claim of ineffective assistance of counsel is premised on his trial counsel’s failure to renew, in a motion for new trial, his objection to alleged hearsay testimony regarding Shelton’s testimony as to the reason for the argument between Fowler and Movant. At trial, Shelton testified that shortly before Fowler’s disappearance, she witnessed an argument between Movant and Fowler at her home. Shelton testified that, after she observed Fowler and Movant arguing, she and Fowler went out onto the front porch of her home. Movant, who appeared angry, jumped through the front window in an apparent attempt “to get” Fowler, and threatened to kill himself. Shelton then called the police who, upon their arrival, discovered Movant in one of the upstairs closets of Shelton’s home. Movant told an officer that his girlfriend had broken up with him and that he no longer wanted to live. Movant was angry, combative, and uncooperative with the police officer; however, he was finally convinced to receive medical treatment for cuts to his wrists.
Movant and Fowler reconciled soon after this argument and Fowler became pregnant thereafter. Their reconciliation
Approximately eight years later, human remains were found in a sinkhole in the Joe Bald area of Table Rock Lake.
Our review of the motion court’s denial of a Rule 29.15 motion for post-conviction relief is limited to a determination of whether the motion court’s findings of fact and conclusions of law are clearly erroneous. Rule 29.15(k); Dugan v. State, 112 S.W.3d 126, 126 (Mo.App. S.D. 2003). Findings of fact and conclusions of law are clearly erroneous only if, after a review of the entire record, the appellate court is left with a definite and firm impression that a mistake has been made. Knese v. State, 85 S.W.3d 628, 631 (Mo. banc 2002). To prevail on a claim of ineffective assistance of counsel, a movant must show: (1) that his attorney’s performance did not conform to the degree of skill, care, and diligence of a reasonably competent attorney, and (2) that he was thereby prejudiced. Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Courts are not required to consider both prongs of Strickland; rather, if a movant fails to satisfy one of the prongs, the court need not consider the other. Clark v. State, 94 S.W.3d 455, 460 (Mo.App. S.D. 2003).
At trial, Shelton testified at length about the fight she overheard between Movant and Fowler. Movant’s counsel objected to the following exchange between the prosecutor and Shelton:
Q. [Prosecutor]: Were you able to tell what they were arguing about?
A. [Shelton]: [Fowler] wanted to break up.5
Movant’s counsel premised his objection on the fact that Shelton’s statement was hearsay and offered only to show that Movant had a motive to kill Fowler. In overruling the objection, the trial court stated, “Well, she can testify to whatever she heard so long as [Fowler] and [Movant] were together and that wouldn’t be hearsay.” Thereafter, Movant’s trial counsel failed to renew this objection in his Motion for New Trial. In its Findings of Fact and Conclusions of Law, the motion court held that even if Shelton’s statement constituted in
Considering the cumulative evidence of his guilt, we find that the elicited testimony was not prejudicial to Movant’s case and had no effect on the trial court’s denial of his motion for a new trial.
Movant has failed to overcome the prejudice prong of the Strickland test; thus, the motion court’s findings of fact and conclusions of law are not clearly erroneous. The judgment denying Movant’s Rule 29.15 motion is affirmed.
. References to Rules are to Missouri Court Rules (2003) unless otherwise indicated.
. Movant originally brought two points on appeal; however, his second point was abandoned at oral argument.
.For a more complete recitation of the facts, see the direct appeal in State v. Hayes, 15 S.W.3d 779 (Mo.App. S.D. 2000).
. Movant’s father had a cabin near the Joe Bald Recreation Area in Stone County.
. The trial transcript was not provided to this court and Movant did not set forth the specific question and answer in his brief. At oral argument and in its brief, however, the State indicated that the aforementioned exchange was the testimony to which Movant objected.
. We do not address whether the statement was hearsay.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.