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

Staff Report//May 20, 2026//

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

Staff Report//May 20, 2026//

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Defendant appealed the denial of his motion for post-conviction relief, which argued that trial counsel was ineffective for failing to move to strike a witness’s testimony that defendant claimed was improper and prejudicial.

Where a claim that trial counsel failed to preserve an issue for appellate review was not cognizable in a post-conviction motion and where the witness’s testimony was relevant as it was derived from what she saw defendant do to the victim, trial counsel’s performance was not deficient.

Judgment is affirmed.

Groce v. State (MLW No. 84802/Case No. WD87994 – 15 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Boone County, Devine, J. (Justine R. Finney, Jefferson City for appellant) (Alex Beezley, Jefferson City for respondent)


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