Legal Opinion

Ervin v. State

Missouri Court of Appeals

Decided October 15, 2013No. ED 99407PublishedCited by 14 opinions

1Opinion of the Court

GARY M. GAERTNER, JR., Judge.

Introduction

Vandyne Ervin (Movant) appeals the judgment denying his Rule 24.0351 motion for post-conviction relief after an eviden-tiary hearing. He asserts his counsel was ineffective for failing to investigate any possible defenses, and that but for this ineffective assistance he would not have pleaded guilty but would have gone to trial. We reverse and vacate his conviction and sentence, and we remand for a new trial.

Background

Movant was charged by information with one count of the class C felony of receiving stolen property in excess of $500.00. The State…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. DriverSupreme Court of Missouri · 1995
  3. Weeks v. StateSupreme Court of Missouri · 2004
  4. Strong v. StateSupreme Court of Missouri · 2008
  5. Wilkins v. StateSupreme Court of Missouri · 1991

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Vernell Whitley v. State of MissouriMissouri Court of Appeals · 2016
  2. Gales v. StateMissouri Court of Appeals · 2017
  3. Ronald Taylor v. State of MissouriMissouri Court of Appeals · 2016
  4. Murphy v. StateMissouri Court of Appeals · 2017
  5. People v. Man Hao LuongColorado Court of Appeals · 2016

9 more not listed; retrieve them via the Exa API.

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