Legal Opinion · Concurrence

State v. Shafer

Supreme Court of Missouri

Decided May 26, 1998No. 75868Published

1ConcurrenceRobertson, Judge

' In his motion for rehearing, Shafer claims that this Court’s initial opinion ignores his Rule 29.15 pleadings. He claims that those pleadings, read broadly, aver that he has a right to a presentence investigation and that the plea court’s decision to sentence him to death without a knowing, intelligent and voluntary waiver of that right is prejudicial per se. The motion court agreed,, expressly finding that Shafer had a right to a presentence investigation because of section 557.026.1, RSMo 1994, and that the plea court had failed to honor that right or seek a valid waiver of the right from…

2Cases cited4 opinions

  1. Calvert L. Antwine v. Paul Delo Missouri Attorney GeneralCourt of Appeals for the Eighth Circuit · 1995
  2. State v. MaloneySupreme Court of Missouri · 1968
  3. State v. PhroperMissouri Court of Appeals · 1981
  4. State v. AbramMissouri Court of Appeals · 1982

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