Warden v. State

CLEMENS, Senior Judge.

Movant-defendant Charles “Red” Warden was convicted of the murder of his brother by a hired killer. His life sentence was affirmed on appeal. State v. Warden, 591 S.W.2d 170 (Mo.App.1979).

Defendant’s Rule 27.26 motion vaguely alleged (1) there were new facts warranting a new trial and (2) trial counsel was ineffective. After an evidentiary hearing the motion court diligently considered and denied each of defendant’s points. It specifically found the alleged material facts had been known to defendant at time of trial and so were not grounds for post-conviction relief,…