Missouri Court of Appeals, Eastern District / May 31, 2022
Jonathon R. Varvil, Appellant, vs. State of Missouri, Respondent.
Jonathon R. Varvil appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing his trial counsel was ineffective for failing to call two mitigation witnesses at his sentencing hearing. The motion court, which also presided over the sentencing, denied the motion, finding Varvil could not establish prejudice. The appellate court affirmed, concluding that the proposed testimony would have been largely cumulative and would not have altered the sentence, which was predominantly based on the impact of the crimes on the victims.