Criminal Law-First-Degree Murder-Post-Conviction Motion

Staff Report//May 7, 2025//

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Defendant appealed the denial of his motion for post-conviction relief, filed after his conviction for murder and armed criminal action, which alleged that his trial counsel was ineffective and that the state had failed to disclose impeachment evidence for a state witness.

Where there was a sufficient basis to admit evidence from the victim’s phone and trial counsel made a strategic decision not to present evidence that a state witness previously knew defendant, trial counsel was not ineffective. Furthermore, the impeachment evidence was unlikely to produce a different outcome to the trial.

Judgment is affirmed.

Powell v. State (MLW No. 83146/Case No. WD86734 – 26 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Jackson County, Otto, J. (Kathryn M. Merwald, Kansas City for appellant) (Evan J. Buchheim and Karen L. Kramer, Jefferson City for respondent)