Legal Opinion

Smith v. State

Missouri Court of Appeals

Decided February 20, 1990No. 56459PublishedCited by 7 opinions

1Opinion of the Court

JOSEPH J. SIMEONE, Senior Judge.

Movant, Brian R. Smith, appeals the denial of his Rule 24.035 motion without an evidentiary hearing. We affirm.

On March 15, 1988, movant entered pleas of guilty to two counts of first degree assault. Section 565.050, R.S.Mo., 1986. He was sentenced on April 25, 1988, on both counts to twenty years to run consecutively. On June 22, 1988, movant filed a motion to vacate pro se to set aside his sentence. The motion alleged that he did not knowingly and voluntarily enter the plea, that his counsel was ineffective in failing to explain his defense of intoxication…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Sanders v. StateSupreme Court of Missouri · 1987
  4. Richardson v. StateMissouri Court of Appeals · 1986
  5. State v. AndersonSupreme Court of Missouri · 1974

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

3Cited by7 opinions

  1. Oryx Capital International, Inc. v. Sage Apartments, L.L.C., Texas Court of Appeals, 4th District (San Antonio)2005
  2. Hawsey v. Louisiana Department of Social Services, Texas Court of Appeals, 1st District (Houston)1996
  3. Brian R. Smith v. Michael GrooseCourt of Appeals for the Eighth Circuit · 1993
  4. State v. HartMissouri Court of Appeals · 1991
  5. State v. MillerMissouri Court of Appeals · 2007

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

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