Missouri Court of Appeals, Western District / Oct 31, 2023
Gary Jolley vs. State of Missouri
Gary Jolley appealed the denial of his Rule 29.15 motion for post-conviction relief, alleging ineffective assistance of trial counsel. He claimed counsel failed to call two witnesses, his daughters S.W. and A.B., who would have testified about family members' alleged biases and property theft, contradicting State witnesses. The motion court denied relief, finding the proposed testimony lacked credibility and would not have provided a viable defense. The appellate court affirmed, concluding that Jolley failed to demonstrate prejudice or that the outcome of his trial would have been different, given the overwhelming evidence of guilt.