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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Sleeping Juror

Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Sleeping Juror

Where a defendant challenged the denial of post-conviction relief arguing that his counsel was ineffective for failing to move to replace a juror whom the court observed was struggling to stay awake, the defendant did not show that the juror actually slept, and the defendant did not show that a motion to remove the juror would have been meritorious.

Judgment is affirmed.

Flores v. State (MLW No. 70487/Case No. WD79469 – 7 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Appealed from circuit court, Clay County, Harman, J. (Gwenda Robinson, St. Louis, for appellant) (Daniel McPherson, Jefferson City, for respondent).

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