Criminal Law: Effectiveness Of Counsel – Concurrent Jurisdiction – Prejudice

Hayes v. State (MLW No. 59975/Case No. WD70231 – 11 pages) (Missouri Court of Appeals, Western District, Pfeiffer, P.J.)

Even though the state filed kidnapping charges in two counties, which resulted in violation of the priority rule for cases of concurrent jurisdiction, the defendant did not show that any confusion resulted or that any prejudice resulted, so the defendant’s counsel’s failure to file a motion to dismiss the kidnapping charge in one county was not prejudicial, and the motion court did not err in denying his Rule 29.15 motion.

Judgment is affirmed.

Hayes v. State (MLW No. 59975/Case No. WD70231 – 11 pages) (Missouri Court of Appeals, Western District, Pfeiffer, P.J.) Appealed from circuit court, Cooper County, Koffman, J. (Mark A. Grothoff, Columbia, for appellant) (Chris Koster and Daniel N. McPherson, Jefferson City, for respondent).

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