Missouri Court of Appeals, Southern District / Dec 1, 2021
VERNON EARL MILLER, Movant-Respondent v. STATE OF MISSOURI, Respondent-Appellant
Vernon Earl Miller appealed the motion court's order granting his amended Rule 29.15 motion to vacate convictions for forcible rape, statutory sodomy, and statutory rape. The motion court found Miller's counsel ineffective for failing to object to certain testimony and failing to litigate a motion to exclude evidence. The appellate court reversed, concluding the motion court clearly erred because Miller failed to prove prejudice from counsel's actions. The case was remanded with directions to deny Miller's post-conviction motion.