Missouri Court of Appeals, 2008

Cole v. State

Cole v. State
Missouri Court of Appeals · Decided January 15, 2008 · Lowenstein, Ellis, Newton
242 S.W.3d 488; 2008 Mo. App. LEXIS 33; 2008 WL 126619 (South Western Reporter, Third Series)

Cole v. State

Opinion

ORDER

PER CURIAM.

This is an appeal from the denial of a Rule 29.15 motion. Appellant was found guilty by a jury of first-degree domestic assault and first-degree burglary, and not-guilty of kidnapping his ex-girlfriend. He claims ineffective assistance of counsel for failing to properly object to the introduction of medical reports at trial. The issue was not properly preserved and this court declined to review it for plain error. Defendant then moved for post-conviction relief on the ground that his attorney was ineffective in failing to raise the proper hearsay objection to such medical records. The circuit court denied his motion, finding a failure on Defendant’s part to prove prejudice. Defendant now appeals this judgment. Judgment affirmed. Rule 84.16(b).

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