# Sanders v. State

> Supreme Court of Missouri · October 13, 1987 · 738 S.W.2d 856

URL: https://www.frixlaw.com/law-library/cases/9666752

## Case

- **Full name:** Robert SANDERS, Appellant, v. STATE of Missouri, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** October 13, 1987
- **Citations:** 738 S.W.2d 856; 1987 Mo. LEXIS 344
- **Precedential status:** Published
- **Opinion:** Concurrence by Blackmar
- **Judges:** Billings, Robertson, Rendlen, Higgins, Blackmar, Donnelly, Welliver
- **Cited by:** 610 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9666752

## How later opinions describe it (automated extraction)

- finding that counsel’s decision not to conduct further interviews with a potential witness was reasonable and that the movant was not prejudiced
- noting that defendant's burden to overcome the presumption of effectiveness is heavy
- noting that a movant’s burden to overcome the presumption of effectiveness is heavy

## Opinion text

BLACKMAR, Judge,
concurring.
For me the next to the last paragraph of Chief Justice Billings’ opinion should be emphasized. In numerous recent cases 27.-26 movants have complained about trial counsel’s failure to interview witnesses. As a minimum and before there is need to consider questions of trial strategy the movant must show in some manner that the suggested witness would have been able to provide helpful testimony. This record does not show anything by testimony or affidavit about what the prospective witness would say.
I agree that the judgment must be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9666752. Public record. Not legal advice.