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PEARSON v. STATE

No. WD 68719.

280 S.W.3d 640 (2009)

Clifford W. PEARSON, Respondent, v. STATE of Missouri, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 3, 2009.

Application for Transfer Denied May 5, 2009.

Attorney(s) appearing for the Case

Jamie P. Rasmussen, Jefferson City, Mo, for Appellant.

Susan L. Hogan, Kansas City, MO, for Respondent.

Before: THOMAS H. NEWTON, C.J., JAMES M. SMART, JR., and JAMES EDWARD WELSH, JJ.

THOMAS H. NEWTON, Chief Judge.

The State appeals the circuit court's judgment granting Clifford Pearson's Rule 29.15 post-conviction relief motion based on ineffective assistance of counsel. The motion court concluded that James v. State, 222 S.W.3d 302 (Mo.App. W.D.2007) required reversal of Mr. Pearson's conviction. Because the analysis in James does not apply to Mr. Pearson's case, the judgment is reversed.

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