Gilmore v. State

SIMON, Judge.

Movant appeals the denial of his Rule 27.26 motion without an evidentiary hearing. We affirm in part and reverse and remand in part.

Movant was convicted by a jury of two counts of capital murder and was sentenced to death on each count. The Supreme Court affirmed the conviction in State v. Gilmore, 697 S.W.2d 172 (Mo. banc 1985), cert. denied, 476 U.S. 1178, 106 S.Ct. 2906, 90 L.Ed.2d 992 (1986). Movant filed a pro se Rule 27.26 motion. His appointed counsel filed an amended motion on movant’s behalf. Any reference to the motion herein refers to the amended motion.

The facts of…