Mitchell v. State

GARY M. GAERTNER, Presiding Judge.

Movant, Johnny Mitchell, appeals from the denial of his second Rule 27.26 motion without an evidentiary hearing. Mitchell was convicted by a jury of two counts of capital murder in the stabbing deaths of the proprietor and a patron of a store in Caruthersville. He was sentenced to two consecutive terms of life imprisonment without the possibility of probation or parole for fifty years. His conviction was affirmed on direct appeal. State v. Mitchell, 611 S.W.2d 223 (Mo. banc 1981). Mitchell then brought his first Rule 27.26 motion which was denied after an…