FISHER v. STATE

No. WD 73269.

359 S.W.3d 113 (2011)

Donnie L. FISHER, Respondent, v. STATE of Missouri, Appellant.

Missouri Court of Appeals, Western District.

December 27, 2011.


Attorney(s) appearing for the Case

Chris Koster , Attorney General, Jamie Pamela Rasmussen , Assistant Attorney General, Jefferson City, MO, for Appellant.

Mark A. Grothoff , Assistant State Public Defender Columbia, MO, for Respondent.

Before Division II: MARK D. PFEIFFER, Presiding Judge, and VICTOR C. HOWARD and CYNTHIA L. MARTIN, Judges.


MARK D. PFEIFFER, Presiding Judge.

The State of Missouri ("the State") appeals from the judgment of the Circuit Court of Randolph County, Missouri ("motion court"), granting Donnie L. Fisher's ("Fisher") Rule 29.15 amended motion for post-conviction relief. The motion court found that Fisher's appellate counsel provided ineffective assistance by failing to raise as error, on direct appeal, the trial court's refusal to instruct the jury on self-defense and on lesser...

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