Howard v. State
Howard v. State
Opinion of the Court
ORDER
Kevin Howard appeals the judgment denying his motion for post-conviction relief under Rule 29.15.
We have reviewed the briefs of the parties and find that the motion court did not clearly err in denying Howard’s motion. There was no legal basis for an objection to the prosecutor’s statement because proving Howard attempted to kill the victim is an element of the crime of assault in the first degree. See section 565.050 RSMo 2000. Moreover, Howard cannot demonstrate that the jury may have found him innocent had his counsel objected
As to Howard’s second point, the motion court did not clearly err in finding that the testimony of Loraine Moton was consistent, precluding the application of the destructive contradictions rule. See State v. Beckett, 858 S.W.2d 856, 857 (Mo.App. W.D. 1993) (stating that the doctrine only applies where a witness’s inconsistent and contradictory statements at trial are so diametrically opposed to one another as to preclude reliance thereon and rob the testimony of all probative force).
An extended opinion would have no precedential value. The judgment of the trial court is affirmed under Rule 84.16(b).
. All references to Rules are to Missouri Supreme Court Rules (2007).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.