Tate v. State

CROW, Presiding Judge.

Cassie Lee Tate (“movant”) appeals from an order denying his motion under Rule 27.26, Missouri Rules of Criminal Procedure (18th ed. 1987), 1 to vacate his conviction of murder in the second degree, § 565.021.1(1), RSMo 1986, and sentence of life imprisonment. The conviction, a result of trial by jury, was affirmed on direct appeal. State v. Tate, 733 S.W.2d 45 (Mo.App.1987).

In the instant proceeding 2 the circuit court, henceforth referred to as “the motion court,” denied relief without an eviden-tiary hearing. The motion court, with commendable diligence, made…