[DOWNLOAD] "State Missouri v. Walter G. Burrell" by Western District Court of Appeals of Missouri * Book PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Walter G. Burrell
• Author : Western District Court of Appeals of Missouri
• Release Date : January 20, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Appellant Walter G. Burrell appeals his conviction for first degree robbery and armed criminal action. We agree with Mr. Burrell that this case must be remanded for resentencing because the trial Judge erroneously entered a written sentence of six years for armed criminal action after stating orally at the sentencing hearing that he would sentence Mr. Burrell to a term of three years. We reject Mr. Burrell's additional allegation that the trial Judge erroneously permitted the prosecutor to comment in closing argument on his failure to testify and on his character, however. We find that the comments were instead directed toward the credibility of defendant's statement to the police at the time of his arrest, and were not improper. We also reject Mr. Burrell's appeal of the denial, after an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. Mr. Burrell claims that his trial counsel was ineffective in failing to investigate and present alibi testimony and evidence. Because Mr. Burrell failed to show at the hearing that the alleged alibi witnesses would have testified and that if they had testified they would indeed have supported his alibi defense, and because the evidence his counsel failed to obtain would not in fact have supported an alibi defense, we find that Mr. Burrell has failed to show he was entitled to post-conviction relief.

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