Missouri Court of Appeals, Southern District / Sep 25, 2019
COLBY DEAN DURST, Movant-Appellant vs. STATE OF MISSOURI, Respondent-Respondent
Colby Dean Durst appealed the denial of his Rule 24.035 motion for post-conviction relief, alleging ineffective assistance of plea counsel. Durst claimed his counsel failed to inform him of the prosecutor's doubts about victim credibility, which would have led him to go to trial instead of pleading guilty. The motion court found Movant's testimony not credible and counsel's performance effective. The appellate court affirmed, holding that it must defer to the motion court's credibility determinations, even when based on deposition testimony.