Legal Opinion

Smith v. State

Supreme Court of Missouri

Decided December 16, 1974No. 58423PublishedCited by 20 opinions

1Opinion of the Court

HOUSER, Commissioner.

Appeal from order overruling Darwin Lee Smith’s amended motion under Rule 27.26, V.A.M.R., to vacate a judgment convicting him on a plea of guilty to a charge of robbery in the first degree and sentencing him to 5 years’ imprisonment. Appellant alleged that he “was unconstitutionally deprived of the right to confront those witnesses against him in that the pre-sentence investigation report was based upon false accusations made against Movant concerning his past conduct.” A hearing was conducted on the 27.26 motion, at which appellant appeared personally and by attorney.…

Also in this document: Per curiam.

2Cases cited12 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. United States v. TuckerSupreme Court of the United States · 1972
  3. Townsend v. BurkeSupreme Court of the United States · 1948
  4. Jose Verdugo and Horace Eugene Turner v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  5. United States v. Gary MalcolmCourt of Appeals for the Second Circuit · 1970

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3Cited by20 opinions

  1. McCrary v. StateMissouri Court of Appeals · 1975
  2. State ex rel. Kevin Hillman, Relator v. The Honorable John D. Beger, and State ex rel. Erica J. Long, Relator v. The Honorable Fred CopelandSupreme Court of Missouri · 2019
  3. Wiltz v. StateCourt of Criminal Appeals of Texas · 1993
  4. McIntosh v. StateMissouri Court of Appeals · 1981
  5. Nicholson v. StateSupreme Court of Missouri · 1975

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