Lindner v. State

The primary issue on this Rule 27.26 appeal is whether movant George Lindner (hereafter defendant) was entitled to an evidentiary hearing. The secondary issue is whether the trial court, having preliminarily ordered an evidentiary hearing, could thereafter change its order and deny the motion without an evidentiary hearing. The primary issue is substantive and the secondary issue is procedural.

*442We conclude that since defendant, as a matter of law, was not entitled to an evi-dentiary hearing the denial of his motion was proper, despite the preliminary order granting an evidentiary hearing.

The…