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GARDNER v. STATE

No. WD 60895.

96 S.W.3d 120 (2003)

Jeffrey Wayne GARDNER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

January 31, 2003.

Attorney(s) appearing for the Case

Kent E. Gipson, Assistant State Public Defender, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for Respondent.

Before JAMES M. SMART, JR., P.J., ROBERT G. ULRICH, and RONALD R. HOLLIGER, JJ.

JAMES M. SMART, JR., Judge.

A jury in Cass County convicted Jeffrey Wayne Gardner of second-degree murder in 1997. The trial court followed the jury's recommendation and sentenced Gardner to twenty years of imprisonment. The Missouri Supreme Court upheld Gardner's conviction on direct appeal. State v. Gardner, 8 S.W.3d 66 (Mo. banc 1999). Gardner moved for post-conviction relief under Rule 29.15, alleging constitutionally...

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