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McELHENY v. STATE

No. 26139.

156 S.W.3d 469 (2005)

John McELHENY, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

February 22, 2005.

Attorney(s) appearing for the Case

Irene Karns, of Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for Respondent.

JAMES K. PREWITT, Judge.

John H. McElheny ("Movant") appeals the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Movant was convicted by a jury of second-degree murder and sentenced to a term of life imprisonment in 1997. On direct appeal, this court affirmed the conviction and sentence by per curiam order, and the mandate issued on August 31, 1998.

Movant timely filed a pro se Rule 29.15 motion and an

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