Meuir v. State

182 S.W.3d 788, 2006 Mo. App. LEXIS 122, 2006 WL 224127
CourtMissouri Court of Appeals
DecidedJanuary 31, 2006
Docket26931
StatusPublished
Cited by4 cases

This text of 182 S.W.3d 788 (Meuir v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meuir v. State, 182 S.W.3d 788, 2006 Mo. App. LEXIS 122, 2006 WL 224127 (Mo. Ct. App. 2006).

Opinion

PHILLIP R. GARRISON, Judge.

A jury convicted Darrin R. Meuir (“Movant”) of one count of robbery in the first degree, and one count of armed criminal action. He was sentenced as a prior and persistent offender to twenty years for the robbery conviction and ten years for the armed criminal action conviction, with the sentences to run concurrently. On direct appeal, this Court affirmed the first degree robbery conviction and sentence, and reversed the armed criminal action conviction and sentence in State v. Meuir, 138 S.W.3d 137 (Mo.App. S.D.2004).

A more complete description of the facts may be found in Meuir, 138 S.W.3d at 139-141. For the purposes of this appeal, however, it is sufficient to note that the evidence demonstrated that on September 13, 2001, Movant stayed in his car with a loaded .30-06 rifle while his companion, Christopher Shipman (“Shipman”), entered the Keller’s Truck Stop in Miner, Missouri, at 3:00 a.m., wearing a gas mask and jersey gloves. Shipman pointed a .22 starter’s pistol at the clerk, and took the cash drawer containing over $600. The clerk activated a silent alarm during the robbery, and a short time later, Movant and Shipman were arrested in Sikeston, Missouri. The arresting officers found the cash drawer with $618 in it, the .22 starter’s pistol, gas mask, jersey gloves, and loaded .30.06 rifle in Movant’s car. Ship-man confessed to robbing the truck stop and later pled guilty to first-degree robbery. Movant was charged, tried and convicted as indicated above.

With regard to the first-degree robbery conviction, Movant filed a pro-se motion seeking post-conviction relief pursuant to Rule 29.15, 1 which was later amended by appointed counsel. Movant appeals the denial of his Rule 29.15 motion without an evidentiary hearing, raising three points of error. We affirm.

Movant raises three points on this appeal. In each he argues that the motion court clearly erred in denying his Rule 29.15 motion without an evidentiary hearing on his claims of ineffective assistance of counsel. In Point I, he argues that counsel was ineffective in not moving to strike testimony concerning his prior convictions, in Point II, he asserts counsel was ineffective in not allowing him to testify at trial, and in Point III, he claims that counsel was ineffective in not asserting a duress defense.

We review a denial of a Rule 29.15 motion to determine whether the findings and conclusions of the trial court are clearly erroneous. Rule 29.15(k); Bryan v. State, 134 S.W.3d 795, 798 (Mo.App. S.D.2004). Clear error occurs when, “after reviewing the entire record, this court is left with the definite and firm impression that a mistake has been made.” Bryan, 134 S.W.3d at 798; see also State v. Taylor, 929 S.W.2d 209, 224 (Mo. banc 1996).

The issue on this appeal is “whether the trial court erred in refusing *791 to grant him an evidentiary hearing on the above-described claims, not whether he is actually entitled to relief.” Bryan, 134 S.W.3d at 798; see Masden v. State, 62 S.W.3d 661, 664-65 (Mo.App. W.D.2001). A hearing is only required when a movant has: “(1) allege[d] facts, not conclusions, that, if true, would warrant relief; (2) these facts must raise matters not refuted by the record and files in the case; and (3) the matters complained of must have resulted in prejudice to the movant.” Bryan, 134 S.W.3d at 798 (quoting Barnett v. State, 103 S.W.3d 765, 769 (Mo. banc 2003)). If the record shows conclusively that Movant is not entitled to relief, no evidentiary hearing is required. Rule 29.15(h); State v. Brooks, 960 S.W.2d 479, 497 (Mo. banc 1997); Bryan, 134 S.W.3d at 798. The motion court’s findings are presumed to be correct. Worthington v. State, 166 S.W.3d 566, 572 (Mo. banc 2005).

In order to prevail on an ineffective assistance claim, Movant must show that: “(1) counsel’s performance did not conform to the degree of skill, care, and diligence of a reasonably competent attorney; and (2) counsel’s poor performance prejudiced the defense.” Bryan, 134 S.W.3d at 798-99; see also State v. Hall, 982 S.W.2d 675, 680 (Mo. banc 1998). To establish prejudice, Movant must show “that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” Bryan, 134 S.W.3d at 799 (quoting Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)). Movant must prove each portion of this two-pronged performance and prejudice test in order to prevail on his ineffective assistance of counsel claim. Bryan, 134 S.W.3d at 799. Failure to make an adequate showing as to one prong relieves the court from considering the other. Bryan, 134 S.W.3d at 799; Sanders v. State, 738 S.W.2d 856, 857 (Mo. banc 1987). Furthermore, trial strategy choices made by counsel are presumed to be reasonable, and it is not ineffective assistance of counsel to choose one reasonable course of action over another, equally reasonable choice. Worthington, 166 S.W.3d at 573.

In Point I, Movant argues that the trial court erred in not granting an eviden-tiary hearing on his claim of ineffective assistance of counsel regarding defense counsel’s alleged failure to prevent Ship-man from testifying about Movant’s “priors,” not having said testimony stricken from the record, and for not moving for a mistrial.

The evidence against Movant at trial was significant. He and Shipman visited the truck stop twice on the night of the robbery, on the first occasion they both entered and left after noticing a customer in the store. Meuir, 138 S.W.3d at 139-40. Upon returning approximately an hour later, Movant parked the car one hundred yards away from the truck stop, but in such a way as to be able to view the door which Shipman would be exiting. Id. Mov-ant had a rifle in the front seat with him and it was positioned in such a manner that he could quickly bring it to a firing position toward the highway which served as their escape route. Id. at 139-40. Lastly, he and Shipman drove away together after Shipman held up the truck stop. Id. at 140. “Proof that a defendant acted as a lookout while someone else committed a robbery has been held to be sufficient ... to create accomplice liability.” Id. at 144.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Phillip G. Payne v. State of Missouri
509 S.W.3d 830 (Missouri Court of Appeals, 2016)
Davidson v. State
308 S.W.3d 311 (Missouri Court of Appeals, 2010)
MEUIR v. Bowersox
692 F. Supp. 2d 1115 (E.D. Missouri, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
182 S.W.3d 788, 2006 Mo. App. LEXIS 122, 2006 WL 224127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meuir-v-state-moctapp-2006.