[Download] "Robert Henry Taylor v. State Missouri" by Missouri Court of Appeals St. Louis District * eBook PDF Kindle ePub Free

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eBook details

• Title: Robert Henry Taylor v. State Missouri
• Author : Missouri Court of Appeals St. Louis District
• Release Date : January 08, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Appeal from denial of Rule 27.26, V.A.M.R. motion seeking to vacate a murder second degree conviction and fifteen year sentence entered on a plea of guilty. The contentions of error concern the trial court's failure to hold an evidentiary hearing. At the outset we note that except for the most liberal construction the trial court could not have found the allegations in appellant's motion sufficient to state a claim for relief under Rule 27.26. It has been held that "" 27.26 movant, in order to be entitled to an evidentiary hearing, must plead facts, not Conclusions, which, if true, would entitle him to relief and must show that such factual allegations are not refuted by facts elicited at the guilty plea hearing."" Smith v. State, 513 S.W.2d 407, 411 [1] (Mo.banc 1974) cert denied 420 U.S. 911 (1975). Adopting the trial court's liberal construction as to the sufficiency of the pleadings, we turn to the merits.

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