HOLLY v. STATE

No. WD 58296.

36 S.W.3d 801 (2001)

Roderick HOLLY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

February 13, 2001.


Attorney(s) appearing for the Case

Tara L. Jensen, Asst. Public Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Emily K. Wiggins, Asst. Atty. Gen., Jefferson City, for respondent.

Before Presiding Judge SMART, Judge ELLIS and Judge LAURA DENVIR STITH.


ORDER

PER CURIAM.

Mr. Holly appeals the denial without an evidentiary hearing of his motion for post-conviction relief under Rule 24.035. He alleges that the motion court should have granted him a hearing on his claim that his attorney was ineffective in failing to present sufficient and available mitigating evidence at his sentencing hearing, and that if he had known that counsel was going to fail to present this mitigating evidence he would not have pleaded...

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