Sittner v. State

Missouri Court of Appeals
Sittner v. State, 326 S.W.3d 551 (2010)
2010 Mo. App. LEXIS 1655; 2010 WL 4751723
Odenwald, Dowd, Baker

Sittner v. State

Opinion

ORDER

PER CURIAM.

Johnny Sittner appeals from the motion court’s denial, without an evidentiary hearing, of his amended Rule 29.15 motion for post-conviction relief. On direct appeal, this Court affirmed Sittner’s convictions, following a jury trial, of first-degree statutory rape, first-degree statutory sodomy, and two counts of incest. State v. Sittner, 294 S.W.3d 90 (Mo.App. E.D. 2009). Sitt-ner alleges that he received ineffective assistance of counsel because his trial counsel failed to move to exclude, or object at trial, to the testimony of a social worker who commented on the truthfulness of the complaining witness, and therefore, invaded the province of the jury. We affirm the motion court’s decision.

We have reviewed the briefs of the parties and the record on appeal and find the claim of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law would have no prece-dential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rule 84.16(b).

Reference

Full Case Name
Johnny SITTNER, Appellant, v. STATE of Missouri, Respondent
Cited By
3 cases
Status
Published