Missouri Court of Appeals, 2010

Gazaway v. State

Gazaway v. State
Missouri Court of Appeals · Decided June 29, 2010 · Hardwick, Smart, Alokahuja
313 S.W.3d 731; 2010 Mo. App. LEXIS 899; 2010 WL 2569196 (South Western Reporter, Third Series)

Gazaway v. State

Opinion

ORDER

PER CURIAM:

Jonathan Gazaway appeals the circuit court’s judgment denying his motion for post-conviction relief. After a jury trial, Gazaway was convicted in Jackson County Circuit Court of assault in the first degree, armed criminal action, and unlawful use of a weapon. On appeal, Gazaway argues that his trial counsel was ineffective: for failing to develop evidence to support a sudden passion defense at trial, and failing to seek an instruction on a lesser-included offense based on sudden passion; for failing to present evidence to support a defense-of-third-person defense; and for failing to present the testimony of two particular witnesses. We affirm. Because a published opinion would have no precedential value, a memorandum setting forth the reasons for this order has been provided to the parties. Rule 84.16(b).

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