Oerly v. State

KENNEDY, Judge.

The trial court dismissed appellant’s 27.26 motion without an evidentiary hearing. Appellant claims on this appeal that he should have been given an evidentiary hearing upon the motion.

Supreme Court Rule 27.26 would require an evidentiary hearing if the motion states a claim for relief, “unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” Supreme Court Rule 27.26(e).

Defendant was convicted in the Circuit Court of Cooper County, Missouri, of the offense of first-degree murder, § 565.003, RSMo 1978, upon his plea…