Wyble v. State

326 S.W.3d 95, 2010 Mo. App. LEXIS 1197, 2010 WL 3540898

Opinion

Order

PER CURIAM:

Joshua Wyble (“Wyble”) appeals the Circuit Court of DeKalb County’s (“motion court”) judgment denying his Rule 29.15 motion to vacate his conviction of first-degree statutory sodomy, section 566.062. Wyble contends that the motion court clearly erred in denying his motion for post-conviction relief because his trial counsel failed to act as a reasonably competent attorney. More specifically, Wyble argues that his trial counsel (1) failed to timely object to certain hearsay testimony; (2) failed to assert, in the motion for new trial, that the admission of hearsay statements violated Wyble’s right to confront and cross-examine the witnesses against him; and (3) wrongfully opened the door for testimony that was non-responsive, irrelevant, and misleading. We disagree and affirm the motion court’s judgment in this per curiam order and have provided the parties a memorandum explaining our ruling. Rule 84.16(b).