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Criminal Law-Post-Conviction Relief-Ineffective Assistance of Counsel

Staff Report//April 29, 2026//

Criminal Law-Post-Conviction Relief-Ineffective Assistance of Counsel

Staff Report//April 29, 2026//

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Defendant appealed the denial of his motion for post-conviction relief, which alleged that trial counsel was ineffective for failing to object to the admission of a recording of his police interview because his statements were involuntary as he had not slept for several days.

Where the record showed that defendant never informed counsel of his lack of sleep before the interview, counsel could not have reasonably known to object to the recording’s admission, and in any event the totality of the circumstances demonstrated that defendant’s statements were voluntary.

Judgment is affirmed.

Rouner v. State (MLW No. 84677/Case No. WD87785 – 14 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Livingston County, Horsman, J. (Katie Curry, Assistant Public Defender, Columbia for appellant) (Catherine L. Hanaway, Attorney General and Dora A. Fichter, Assistant Attorney General, Jefferson City for respondent)


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