Legal Opinion

Merrick v. State

Missouri Court of Appeals

Decided November 4, 2010No. SD 30343PublishedCited by 2 opinions

1Opinion of the Court

DANIEL E. SCOTT, Chief Judge.

The error here permits us to be brief. James Merrick (Movant) was found guilty of two felonies and lost his direct appeal. State v. Merrick, 257 S.W.3d 676 (Mo.App.2008). He sought Rule 29.15 1 post-conviction relief, claiming his trial counsel was ineffective in 12 respects. The motion court held an evidentiary hearing, denied relief, but did not issue findings of fact or conclusions of law adequate for appellate review. We remand per Movant’s Point I and these oft-cited principles:

Rule 29.15(j) mandates that a post-conviction court issue findings of fact and…

2Cases cited4 opinions

  1. Crews v. StateMissouri Court of Appeals · 1999
  2. State v. DeprowMissouri Court of Appeals · 1997
  3. State v. MerrickMissouri Court of Appeals · 2008
  4. Copeland v. StateMissouri Court of Appeals · 2006

3Cited by2 opinions

  1. Charles W. Burnett v. State of MissouriMissouri Court of Appeals · 2014
  2. Smith v. StateMissouri Court of Appeals · 2011

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