State v. Brooks, 960 S.W.2d 479 (1997)

Citation: State v. Brooks, 960 S.W.2d 479 (1997)
Parent Document: State v. Brooks, 960 S.W.2d 479 (1997)
Jurisdiction: Missouri (state)
Effective Date: 1997-12-23
Original Source: https://www.courtlistener.com/opinion/2427881/state-v-brooks/ ↗

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Prior to trial, appellant’s attorneys moved to submit a jury questionnaire to the venire-persons. The trial court overruled the motion. Appellant asserted in his amended Rule 29.15 motion that trial counsel was ineffective for failing to submit a sample questionnaire along with his motion before the trial court and for failing to present expert testimony to the effect that venirepersons would answer written questions more truthfully than they would answer questions posed orally. The motion court found that appellant failed to submit a sample questionnaire with the amended Rule 29.15 motion or to suggest that the trial court’s ruling would have been different had a questionnaire been submitted. The motion court further found that trial counsel had preserved the issue, that it was a proper subject for direct appeal, and that the claim was not cognizable in the postconviction proceeding.

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