Fenton v. State

HAROLD L. LOWENSTEIN, Judge.

This appeal arises from the denial of a motion to reopen a post-conviction motion for relief previously denied under Rule 27.26 (repealed).

Facts

Emmitte Lyle Fenton, the appellant, is currently serving a life sentence in prison after being found guilty of the class A felony of rape in 1981. In State v. Fenton, 683 S.W.2d 78, 79 (Mo.1982), he did not contest the sufficiency of the evidence that showed he forcibly raped a University of Missouri student at knifepoint. She was cut on the hand trying to resist. He claimed he had been drinking for several days, remembered…