Edward D. Moss, Appellant v. State of Missouri, Respondent

Summary

The court affirmed denial of Edward Moss's post-conviction motion without an evidentiary hearing. It held that counsel was not ineffective regarding the challenged hearsay because one statement was admissible under the co-conspirator exception and any error concerning the other statement caused no prejudice; failure to seek a change of venue did not establish actual or presumptive prejudice; and appellate counsel was not ineffective because the trial court acted within its discretion in allowing late-endorsed witnesses. The opinion also explains that post-conviction findings are reviewed for clear error and that a hearing requires specific, unrefuted allegations showing prejudice.