Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Place v. State

Court of Appeals of Missouri, Eastern District, Fourth Division

December 9, 2014

JEFFERY PLACE, Appellant,
v.
STATE OF MISSOURI, Respondent

Page 346

Appeal from the Circuit Court of Jefferson County. Honorable Gary P. Kramer.

For appellant: Elizabeth U. Carlyle, Kansas City, MO.

For respondent: Dora A. Fichter, Assistant Attorney General, Jefferson City, MO.

Roy L. Richter, J., and Robert M. Clayton III, J., concur.

OPINION

Patricia L. Cohen, Presiding Judge.

Page 347

Introduction

Jeffery Place (Movant) appeals the judgment of the Circuit Court of Jefferson County denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Movant claims that the motion court erred in denying his claims that trial counsel was ineffective in: (1) advising him not to testify in his own defense; and (2) failing to call two defense witnesses. We affirm.

Factual and Procedural Background

Viewed in the light most favorable to the verdict, the evidence at trial revealed the following: On September 8, 2007, while Movant drove his wife Monica Place home from a party, Movant punched her in the mouth three times and slammed her head into the dash board. He then " put his hand around [her] neck and choked [her]" until she " passed out."

When Movant and Ms. Place arrived home, Ms. Place went inside to call her cousin then returned to the front porch. Movant exited the garage wearing a bullet-proof vest, holding a handgun and AK-47, and carrying another handgun in a holster. Ms. Place ran to her van and called 911. When Movant ordered her out of the van, she complied and asked him to " put down the guns." Movant placed the guns on the porch and pushed Ms. Place across the yard.

At this point, Deputy Carl Beier arrived. Ms. Place ran toward Deputy Beier and told him that Movant had loaded weapons on him, and continued running, crossing the yard of her neighbor, William Graham. Seeing Ms. Place in his yard, Mr. Graham walked to Movant's house to inquire about what was happening. Mr. Graham took Movant's AK-47 from him and returned home.

Deputy Beier retrieved his shotgun from the trunk of his patrol vehicle and found " an area of cover" behind a tree. When Deputy Beier ordered Movant not to move, Movant replied " who the fuck do you think you are, Superman" and walked to, and entered, Mr. Graham's house to retrieve the AK-47. Movant exited the house with the AK-47, and Deputy Beier continued to order Movant to the ground. Movant refused and " began firing[,]" causing bullets to hit the tree in front of Deputy Beier. Deputy Beier returned fire " a couple of times" in between Movant " shooting the bursts at [him]." Then Movant " shot at [him] in a fully automatic mode" and " ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.