Legal Opinion

Sprouse v. State

Missouri Court of Appeals

Decided April 26, 1988No. 53814PublishedCited by 2 opinions

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

  1. Thomas v. StateMissouri Court of Appeals · 1987
  2. Jones v. StateMissouri Court of Appeals · 1980
  3. Smith v. StateMissouri Court of Appeals · 1984
  4. Ashabranner v. StateMissouri Court of Appeals · 1983
  5. Stout v. StateMissouri Court of Appeals · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Weekly v. StateMissouri Court of Appeals · 1988
  2. Moore v. StateMissouri Court of Appeals · 1989

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