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Missouri Court of Appeals, Eastern District, Division OneJan 15, 2008
No. ED89381 (Mo. Ct. App. Jan. 15, 2008)

No. ED89381

January 15, 2008

Appeal from the Missouri Circuit Court of St. Francois County, Cause No. 06SF-CC01148 Honorable Kenneth W. Pratte.

Scott Thompson, St. Louis, MO, Attorneys for appellant.

Jeremiah W. (Jay) Nixon, Richard A. Starnes, Jefferson City, MO, Attorneys for respondent.

Before: Kathianne Knaup Crane, P.J., Robert G. Dowd, Jr., J., and Kenneth M. Romines, J.


Appellant Bryan Dickerson appeals from the judgment of the Circuit Court of St. Francois County, the Honorable Kenneth W. Pratte presiding. A jury convicted Dickerson of one court of voluntary manslaughter, Section 565.023 RSMo (2000). The trial court sentenced him to life imprisonment as a prior and persistent offender. This Court affirmed, State v. Dickerson, 193 S.W.3d 797 (Mo.App.E.D. 2006). Dickerson filed a timely motion for post-conviction relief under Missouri Supreme Court Rule 29.15, which the motion court denied.

Dickerson raises three claims of ineffective assistance of counsel. He argues his trial counsel was ineffective for 1) failing to object to the doctor's testimony that the manner of the victim's death was homicide, 2) failing to object to Dickerson's shackling at trial, and 3) failing to appeal the admission of evidence at trial of Dickerson's bar fight earlier in the day. Dickerson claims the motion court clearly erred in denying his motion for relief and in failing to make findings on his third point.

We have reviewed the briefs and the record on appeal, and no error of law appears. Thus, a written opinion would have no precedential value. The parties have been given a memorandum, for their information only, setting forth the reasons for this order. The judgment is affirmed pursuant to Rule 84.16(b).


Kathianne Knaup Crane, PJ, Robert G. Dowd, Jr., J Kenneth M. Romines, J concurring.