Criminal Law: Post-Conviction Relief-Admission of Self-Defense Evidence During Sentencing

Appellant appealed the denial of his motion for post-conviction relief. Respondent argued that the trial court erred in refusing to permit the admission of evidence or argument relating to self-defense during appellant’s sentencing hearing, which appellant contended violated his due process rights.

Where pleading guilty to murder constituted a waiver of the right to litigate the issue of self-defense, the trial court did not err in its rulings, which did not prevent appellant from admitting the evidence and statements he wished to present.

Judgment is affirmed.

Courtney v. State (MLW No. 79614/Case No. WD85114 – 12 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Round, J. (Justin Ortiz, Kansas City, for appellant) (Kristen Shively Johnson, Jefferson City, for respondent)