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STATE v. SMULLS

No. 75511.

935 S.W.2d 9 (1996)

STATE of Missouri, Respondent, v. Herbert SMULLS, Appellant.

Supreme Court of Missouri, En Banc.

Motion for Rehearing Overruled and Opinion Modified November 19, 1996.

Attorney(s) appearing for the Case

William J. Swift, Asst. Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, John M. Morris, Assistant Attorney General, Jefferson City, for Respondent.

Darryl J. Anderson, Bruce C. Cohen, St. Louis, for amicus curiae American Postal Workers Union AFL-CIO.

Barbara A. Frey, Executive Director, Minneapolis, MN, Richard Wilson, Washington College of Law, The American University, Washington, DC, Robert Popper, University of Missouri-Kansas City School of Law, Kansas City, for amici curiae Minnesota Advocates for Human Rights and The International Human Rights Law Clinic of Washington College of Law.

Motion for Rehearing Overruled and Opinion Modified on Courts Own Motion November 19, 1996.

WHITE, Judge.

A jury convicted defendant of first degree murder and other crimes. Defendant was sentenced to death for the murder conviction. Defendant's Rule 29.15 motion for post-conviction relief was overruled. This Court has exclusive appellate jurisdiction. Mo. Const. art. V, § 3. The judgments entered on defendant's convictions and sentence are affirmed....

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