Benn v. State, 554 S.W.3d 463 (2018)

May 29, 2018 · Missouri Court of Appeals, Western District · WD 80307
554 S.W.3d 463

Mitchel Dean BENN, Appellant,
v.
STATE of Missouri, Respondent.

WD 80307

Missouri Court of Appeals, Western District.

ORDER FILED: May 29, 2018
Motion for Rehearing and/or Transfer to Supreme Court Denied July 3, 2018
Application for Transfer Denied September 25, 2018

Lara M. Guscott and Annette Wallace, Assistant Appellate Defenders, Kansas City, MO, Attorneys for Appellant.

Joshua D. Hawley, Attorney General, and Gregory L. Barnes, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Before Division Two: Karen King Mitchell, Presiding Judge, and Alok Ahuja and Edward R. Ardini, Jr., Judges

Order

Per Curiam:

Mitchel Benn appeals, following an evidentiary hearing, the denial of his amended Rule 29.15 motion for post-conviction relief, in which he argued that his trial counsel was ineffective for failing to seek suppression of Benn's statement to Stephanie Kissick, a children's service worker with the Carroll County Children's Division, and for failing to object to Kissick's testimony about his statement to her. Finding no clear error, we affirm. Rule 84.16(b).