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643 S.W.2d 6

Hudson v. State

Missouri Court of Appeals

Decided August 17, 1982

Missouri Court of Appeals · decided 1982-08-17

Cited by 3 later decisions — most recently December 1987

3 state decisions

Relies on State v. Harris · State v. Hudson · Graham v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-08-17

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JAMES D. CLEMENS, Senior Judge.

¶1Motion under Rule 27.26 V.A.M.R. denied. Appeal followed.

¶2Movant-defendant Roby Hudson had been found guilty of murdering his paramour’s yearling child. He was sentenced to 100 years in prison. The grisly facts were reported in defendant’s appeal. See State v. Hudson, 521 S.W.2d 43 (Mo.App.1975).

¶3By his motion to vacate defendant claims trial counsel was ineffective in failing to call four relatives as character witnesses. At the motion hearing each said she would have testified defendant was kind to children and had never seen him abuse them.

¶4Well-seasoned trial counsel had purposely failed to call these potential character witnesses. He had explained to defendant this was because their testimony would have let them be cross-examined about knowing of defendant’s twenty-one arrests and five felony convictions. True. State v. Harris, 622 S.W.2d 330[5] (Mo.App.1981).

¶5Two recent cases compel us to affirm the motion court. See Tomich v. State, 607 S.W.2d 811[2] (Mo.App.1980). Also see Graham v. State, 605 S.W.2d 535[2, 3] (Mo.App.1980) holding that whether to call certain defense witnesses is a tactical decision and affords no basis for finding counsel was ineffective.

¶6Since defendant would have been shown to be a persistent offender we cannot fault counsel’s decision.

¶7Affirmed.

REINHARD, P.J., and SNYDER and CRIST, JJ., concur.
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