Legal Opinion

Roberts v. State

Supreme Court of Missouri

Decided February 10, 2009No. SC 89245PublishedCited by 115 opinions

1Opinion of the Court

MARY R. RUSSELL, Judge.

Gary Roberts (“Movant”) appeals from a judgment overruling his Rule 24.035 motion for post-conviction relief without an evidentiary hearing.1 This Court finds that the motion court erred in overruling his motion without an evidentiary hearing. The motion court’s judgment is reversed, and the cause is remanded.

I. Background

As part of a group guilty plea,2 Movant pleaded guilty to two counts of possession *835of a controlled substance in violation of section 195.202, RSMo 2000.3 Before his plea hearing, his counsel sent him a note stating: “I got you an offer for [14] years…

2Cases cited15 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Howell v. StateTennessee Supreme Court · 2006
  3. State v. HunterSupreme Court of Missouri · 1992
  4. Schellert v. StateSupreme Court of Missouri · 1978
  5. Wilkes v. StateSupreme Court of Missouri · 2002

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

3Cited by115 opinions

  1. Cooper v. StateSupreme Court of Missouri · 2011
  2. Burnett v. StateMissouri Court of Appeals · 2009
  3. Gerlt v. StateMissouri Court of Appeals · 2011
  4. Ross v. StateSupreme Court of Missouri · 2011
  5. Wills v. StateMissouri Court of Appeals · 2010

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

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