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HENDERSON v. STATE

No. WD 61439.

111 S.W.3d 537 (2003)

Vernon HENDERSON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

August 5, 2003.

Attorney(s) appearing for the Case

Andrew Allen Schroeder, Appellate Defender Office, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, John Munson Morris, Dora A. Fichter, Office of Attorney General, Jefferson City, for respondent.

Before JOSEPH M. ELLIS, Chief Judge, Presiding Judge, JAMES M. SMART, JR., Judge, and RONALD R. HOLLIGER, Judge.

RONALD R. HOLLIGER, Judge.

Vernon Henderson appeals from the denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. In his sole point on appeal, he contends that he received ineffective assistance of counsel because of the failure to develop and present a defense of diminished capacity in his trial for first degree murder. We hold that the motion court's finding that trial counsel made a reasonable strategic decision is not clearly...

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