Missouri Court of Appeals, Eastern District / Nov 28, 2023
Charles Napper, Jr., Appellant, vs. State of Missouri, Respondent.
Charles Napper, Jr. appealed the motion court's judgment overruling his Rule 24.035 post-conviction relief motion, alleging his plea counsel had an actual conflict of interest. Napper claimed counsel's prior employment with the City of St. Louis Circuit Attorney's Office (CAO) created a conflict when she later represented him as a public defender on charges initiated during her CAO tenure. The appellate court affirmed the motion court's judgment, finding no actual conflict of interest because counsel did not personally and substantially participate in Napper's case while at the CAO, and Napper failed to demonstrate an appearance of impropriety under the applicable test.