Malone v. State

SIMON, Presiding Judge.

Movant, Kelvin Shelby Malone, challenges the dismissal of his motion for post-conviction relief under Rule 27.26 wherein he sought to vacate his conviction for capital murder and death sentence imposed in the State of Missouri. Movant’s conviction was affirmed on direct appeal in State v. Malone, 694 S.W.2d 723 (Mo. banc 1985), cert. denied, 476 U.S. 1165, 106 S.Ct. 2292, 90 L.Ed.2d 733 (1986).

On appeal, movant asserts that the trial court erred in dismissing his motion because: (1) the trial court failed to make any findings of fact or conclusions of law, and (2) the…