GABAREE v. STATE

No. WD 69551.

290 S.W.3d 175 (2009)

Clifton A. GABAREE, Jr., Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

August 11, 2009.


Attorney(s) appearing for the Case

Laura G. Martin, Kansas City, MO, for Appellant.

Shaun J. Mackelprang, Jefferson City, MO, for Respondent.

Before: THOMAS H. NEWTON, C.J., JAMES M. SMART, JR., and MARK D. PFEIFFER, JJ.


THOMAS H. NEWTON, Chief Judge.

Mr. Clifton Gabaree appeals the denial of his post-conviction relief motion without an evidentiary hearing. He claims that trial counsel was ineffective for failing to object to improper bolstering and to propensity evidence and for failing to impeach one of the victims. We reverse and remand for an evidentiary hearing.

Factual and Procedural Background

In 1992, Mr. Gabaree...

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