Missouri Court of Appeals, 2008

OSTERDYK v. State

OSTERDYK v. State
Missouri Court of Appeals · Decided August 26, 2008 · Odenwald, Norton, Cohen
262 S.W.3d 263; 2008 Mo. App. LEXIS 1139; 2008 WL 3899782 (South Western Reporter, Third Series)

OSTERDYK v. State

Opinion

ORDER

PER CURIAM.

Brian Osterdyk (“Movant”) appeals from the judgment of the Circuit Court of St. Louis County denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant asserts that the motion court clearly erred in denying his claim that plea counsel David Shaller provided ineffective assistance of counsel by fading to: (1) investigate expert witness testimony; (2) investigate non-expert witness testimony; and (3) adequately inform Movant of the nature and consequences of the plea that he was entering.

We have reviewed the briefs of the parties and the record on appeal and find the motion court’s decision was not clearly erroneous. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision.

We affirm the judgment pursuant to Rule 84.16(b).

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