Mathenia v. State

CARL R. GAERTNER, Judge.

Defendant was convicted on two counts of capital murder, § 565.001 RSMo.1979 (repealed L.1983, S.B. 276, p. 922), and received two death sentences. The Missouri Supreme Court denied the direct appeal of these convictions and sentences. State v. Mathenia, 702 S.W.2d 840 (Mo.banc 1986). Defendant then filed a pro se 27.26 motion. Appointed counsel later filed an amended and a second amended 27.26 motion which incorporated the pro se motion and set forth additional allegations of error. The state moved for summary judgment and this motion was granted. Defendant appeals,…