Cummings v. State

GARY M. GAERTNER, JR., Judge.

Introduction

Samuel Cummings (Movant) appeals from the motion court’s judgment denying his motion for post-conviction relief under Rule 29.151 (Rule 29.15 Motion) without an evidentiary hearing, arguing that his motion sufficiently alleged facts showing his trial counsel and appellate counsel were ineffective. We affirm.

Background

Following a jury trial, Movant was convicted of forcible rape, kidnapping, unlawful use of a weapon, and child molestation in the second degree. These convictions arose out of an incident on July 13, 2007, when the 15-year-old victim…