BOLDER v. STATE

No. WD 31594.

613 S.W.2d 196 (1981)

Martsay L. BOLDER, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

March 2, 1981.


Attorney(s) appearing for the Case

Peter N. Sterling, Acting Public Defender, Gary L. Gardner, Asst. Public Defender, Kansas City, for movant-appellant.

John Ashcroft, Atty. Gen., Jefferson City, Catheryn B. Starke, Asst. Atty. Gen., Kansas City, for respondent.

Before MANFORD, P. J., and DIXON and NUGENT, JJ.


DIXON, Judge.

Movant appeals the denial of his third motion for relief under Rule 27.26.

Movant asserts counsel was ineffective for failing to assert a motion for mistrial during the state's opening statement and by failing to object when a witness claimed his fifth amendment privilege on the stand.

During movant's trial, the state in opening remarks referred to a witness' testimony who was a companion of the movant and witnessed the crime. The testimony...

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