Tramble v. State

414 S.W.3d 571, 2013 WL 5329626, 2013 Mo. App. LEXIS 1094
CourtMissouri Court of Appeals
DecidedSeptember 24, 2013
DocketNo. ED 99220
StatusPublished
Cited by4 cases

This text of 414 S.W.3d 571 (Tramble 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
Tramble v. State, 414 S.W.3d 571, 2013 WL 5329626, 2013 Mo. App. LEXIS 1094 (Mo. Ct. App. 2013).

Opinion

ROBERT G. DOWD, JR., Judge.

Edward Tramble (“Movant”) appeals from the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. Movant’s sole argument is that the motion court clearly erred in denying his Rule 29.15 motion for post-conviction relief because his trial counsel was ineffective for failing to protect Movant’s right to impeach Pastor Dairies E. Rainey’s (“Pastor Rainey”) credibility with his prior robbery convictions while letting the State impeach Pastor Rainey’s credibility. We find the motion court’s findings of fact and conclusions of law are not clearly erroneous and affirm.

The evidence in the underlying case showed Movant entered a church, which had been locked for the night. After an alarm sounded, the police were called to the scene and arrested Movant. The police also called Pastor Rainey, who came to the scene. Pastor Rainey later testified he did not know Movant and had not given him permission to be in the church. Pastor Rainey further testified that his office at the church had been ransacked and that stamps and some offering envelopes had been taken. Movant was subsequently searched and the police found he had a number of stamps and a pipe of the kind typically used to do drugs on his person.

Movant was then charged and convicted after a jury trial of one count of second-degree burglary, Section, 569.170 RSMo 2000,1 one count of stealing, Section, 570.030, and one count of possession of drug paraphernalia with intent to use, Section 195.233. Movant was sentenced to twelve years of imprisonment for the burglary and a concurrent one-year term for the other two convictions. Movant’s convictions and sentences were affirmed on direct appeal. State v. Tramble, 359 S.W.3d 542, 543 (Mo.App.E.D.2012).

Movant filed a Rule 29.15 motion for post-conviction relief. Counsel was subsequently appointed and an amended motion was filed. Movant argued in a few different ways that his trial counsel was ineffective for failing to protect Movant’s right to impeach Pastor Rainey’s credibility with his prior robbery convictions while letting the State impeach Pastor Rainey’s credibility.

The motion court granted Movant’s request for an evidentiary hearing. After an evidentiary hearing, the motion court entered findings of fact and conclusions of law. The motion court found without merit Movant’s claim that his counsel was ineffective for failing to file and present a motion in limine to preclude the State from eliciting from Pastor Rainey that he had previously pleaded guilty to two counts of first-degree robbery. The motion court also found without merit Movant’s contention that his counsel was ineffective for failing to object when the State asked Pastor Rainey about his convictions. The motion court noted it did not believe the outcome of the trial would have been different had Movant’s trial counsel elicited Pastor Rainey’s two guilty pleas instead of the State in light of the remoteness in time of the pleas. Further, the motion court noted the rule against impeachment of a party’s own witness does not necessarily bar an attorney from anticipating and preempting an opponent’s attempt at impeachment by having the witness explain or state the facts. The motion court also found Movant’s remaining claim that his counsel was ineffective for failing to request that the court instruct the jury about the use of prior convictions in determining a witness’ credibility in accordance with [574]*574MAI-CR3D 310.14 was without merit. The motion court noted regardless of whether this instruction was given, counsel was free to argue the credibility of the witness based on prior guilty pleas, and the decision whether to do so was a strategic decision. In addition, the motion court noted Movant’s trial counsel’s decisions regarding Pastor Rainey’s prior convictions were not unreasonable. Thus, the motion court denied Movant’s 29.15 motion for post-conviction relief. This appeal follows.

Our review of a motion court’s findings on a Rule 29.15 motion for post-conviction relief is limited to a determination of whether the motion court’s findings and conclusions are clearly erroneous. Rule 29.15(k). The findings and conclusions are only clearly erroneous if, after reviewing the entire record, we are left with the firm and definite impression a mistake has been made. Jackson v. State, 205 S.W.3d 282, 284 (Mo.App.E.D.2006).

In order to prevail on a claim of ineffective assistance of counsel, a movant must satisfy the two-prong test of Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), which requires proof by a preponderance of the evidence that: (1) his trial counsel’s performance did not conform to the degree of skill, care, and diligence of a reasonably competent attorney; and (2) his defense was prejudiced as a result. Spells v. State, 277 S.W.3d 343, 345-46 (Mo.App.W.D.2009). If the movant fails to satisfy either the performance or the prejudice prong of the test, then we need not consider the other and his claim of ineffective assistance of counsel must fail. Id. at 346.

In his sole point, Movant argues the motion court clearly erred in denying his Rule 29.15 motion for post-conviction relief because his trial counsel was ineffective for failing to protect Movant’s right to impeach Pastor Rainey’s credibility with his prior robbery convictions while letting the State impeach Pastor Rainey’s credibility. We disagree.

Movant contends Pastor Rainey’s credibility was key to the issue of whether he entered the church to commit a crime or just to get out of the rain. Thus, Movant claims his counsel’s failure to protect his right to impeach Pastor Rainey’s credibility prejudiced Movant.

Pastor Rainey testified at trial that he was alerted someone had broken into the church. He further testified that when he arrived at the church it was in a “ramshackle” condition with papers all over the place and file cabinets open and he had not left the church in such condition. In addition, he testified there was damage to the door, which was not there when he left.

Movant contends this testimony was crucial to the jury believing that Movant committed the felony of burglary rather than the misdemeanor trespassing his counsel was trying to prove.2 Thus, Mov-ant contends Pastor Ramey’s credibility was crucial to the State. Movant maintains he was prejudiced when the prosecutor briefly asked Pastor Rainey about his guilty plea in 1993 to two counts of robbery, and Pastor Rainey acknowledged that he had pled guilty and had received probation.

At the evidentiary hearing, Movant’s trial counsel testified his strategy was to show Movant only committed the misdemeanor of trespassing rather than the felony of burglary because he did not enter [575]*575the church to steal. Further, he testified he did not file a motion in limine to prevent questioning of Pastor Rainey about his previous convictions nor did he object when the State asked about the convictions because it was his strategy not to do this because he thought the convictions were too remote in time to have much of an effect on the jury’s determination of Pastor Ramey’s credibility.

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Cite This Page — Counsel Stack

Bluebook (online)
414 S.W.3d 571, 2013 WL 5329626, 2013 Mo. App. LEXIS 1094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tramble-v-state-moctapp-2013.