Legal Opinion

Fernandez-Molina v. State

Missouri Court of Appeals

Decided September 25, 2018No. WD 80843PublishedCited by 1 opinion

1Opinion of the Court

Fernandez-Molina appeals.

Standard of Review

We presume a motion court's ruling on a post-conviction motion is correct. Hougardy v. State , 534 S.W.3d 874, 877 (Mo. App. W.D. 2017). "Appellate review of the [motion] court's action on the motion filed under ... Rule 29.15 shall be limited to a determination of whether the findings and conclusions of the [motion] court are clearly erroneous." Rule 29.15(k). "To be clearly erroneous, we must be left with a 'definite and firm impression that a mistake has been made.' " Hougardy , 534 S.W.3d at 877 (quoting McLaughlin v. State , 378 S.W.3d 328, 337…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Johnson v. StateSupreme Court of Missouri · 2013
  3. McLaughlin v. StateSupreme Court of Missouri · 2012
  4. White v. StateSupreme Court of Missouri · 1997
  5. State v. BrooksSupreme Court of Missouri · 1997

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3Cited by1 opinion

  1. Kavion L. Thomas v. State of MissouriMissouri Court of Appeals · 2023

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