Roberts v. State

276 S.W.3d 833 (2009)

Gary ROBERTS, Appellant,

v.

STATE of Missouri, Respondent.

No. SC 89245.

Supreme Court of Missouri, En Banc.

February 10, 2009.

Jessica M. Hathaway, St. Louis, for Appellant.

Christopher A. Koster, Atty. Gen., Jamie P. Rasmussen, Asst. Atty. Gen., for Respondent.

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…