Sprouse v. State
Missouri Court of Appeals
1Opinion of the Court
CRIST, Judge.
Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. Movant was convicted of first degree murder pursuant to a guilty plea and sentenced to life imprisonment. We affirm.
To warrant an evidentiary hearing, movant must allege facts, not conclusions, which, if true, warrant relief, and which are not refuted by the record; and the matters complained of must have resulted in prejudice to movant. Thomas v. State, 736 S.W.2d 518, 519[1] (Mo.App.1987).
Movant argues he was entitled to an evidentiary hearing on two of the grounds stated in his 27.26 motion…
2Cases cited6 opinions
- Thomas v. StateMissouri Court of Appeals · 1987
- Jones v. StateMissouri Court of Appeals · 1980
- Smith v. StateMissouri Court of Appeals · 1984
- Ashabranner v. StateMissouri Court of Appeals · 1983
- Stout v. StateMissouri Court of Appeals · 1987
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3Cited by2 opinions
- Weekly v. StateMissouri Court of Appeals · 1988
- Moore v. StateMissouri Court of Appeals · 1989