Missouri Court of Appeals, Eastern District / May 21, 2024
Jovan Tyler, Appellant, vs. State of Missouri, Respondent.
Jovan Tyler appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing his trial counsel was ineffective for failing to investigate and call his brother as a witness. Tyler claimed his brother would have testified that the drugs found in Tyler's home belonged to him. The motion court denied relief, finding counsel was not ineffective. The appellate court affirmed, concluding that trial counsel's investigation was diligent and his decision not to call the brother was a reasonable strategic choice, given the brother's potential Fifth Amendment issues and lack of assured beneficial testimony.