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MELCHIOR v. STATE (2021)

Missouri Court of Appeals, Western District.2021-10-26No. WD 84003

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Opinion

ORDER

Following a bench trial in the Circuit Court of Clay County, Austin Melchior was found guilty of sexual misconduct involving a child, attempted sexual misconduct involving a child, and sexual misconduct in the second degree. Following this Courts affirmance of his convictions, Melchior filed a motion for post-conviction relief pursuant to Supreme Court Rule 29.15. The circuit court denied relief following an evidentiary hearing. Melchior appeals. He argues that the circuit court erroneously limited his testimony at the post-conviction evidentiary hearing. Melchior also contends that his trial counsel was ineffective for advising him not to testify in his own defense, and that his appellate counsel was ineffective for failing to argue that the circuit court erroneously failed to conduct an on-the-record inquiry concerning Melchiors waiver of his right to testify. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM: