Cox v. State

Missouri Court of Appeals

Cox v. State

201 S.W.3d 103, 2006 Mo. App. LEXIS 1367, 2006 WL 2670389

Missouri Court of Appeals·Decided September 19, 2006·No. No. WD 65774·Published

Opinion

ORDER

PER CURIAM.

Elvis Cox appeals the denial, without an evidentiary hearing, of his Rule 29.15 motion. A jury convicted Cox of one count of first-degree felony assault with serious physical injury and one count of armed criminal action. He claims that he was denied effective assistance of counsel in that counsel discouraged him from testifying at trial. Because the record refutes his claim, the motion court’s decision to deny an evidentiary hearing was not clearly erroneous. Affirmed. Rule 84.16(b).

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ORDER

PER CURIAM.

Elvis Cox appeals the denial, without an evidentiary hearing, of his Rule 29.15 motion. A jury convicted Cox of one count of first-degree felony assault with serious physical injury and one count of armed criminal action. He claims that he was denied effective assistance of counsel in that counsel discouraged him from testifying at trial. Because the record refutes his claim, the motion court’s decision to deny an evidentiary hearing was not clearly erroneous. Affirmed. Rule 84.16(b).

Cox v. State, 201 S.W.3d 103, 2006 Mo. App. LEXIS 1367, 2006 WL 2670389 (Mo. Ct. App. 2006).

Pincite

201 S.W.3d 103 (Cox v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.