State v. Kenley

LAURA DENVIR STITH, Special Judge,

concurring in part and dissenting in part.

I respectfully dissent from the majority’s conclusion in Part II of its opinion that the motion court’s verbatim adoption of the prosecutor’s proposed findings of fact does not require reversal and remand for a new hearing. While Missouri courts have repeatedly held that such adoption of a party’s findings does not automatically mandate reversal, they have also cautioned that they will reverse where evidence is presented that the findings so adopted do not reflect the independent judgment of the court. That is what I…