Holt v. State

TITUS, Judge.

Eugene Holt was jury-convicted of second degree murder in the Circuit Court of New Madrid County. His conviction and sentence to life imprisonment was affirmed on appeal. State v. Holt, 592 S.W.2d 759 (Mo. banc 1980). This appeal concerns Holt’s objection to the court nisi’s dismissal of his pro se Rule 27.261 motion without an evidentiary hearing based upon the state’s “Motion to Dismiss or For Summary Judgment.”

Holt, now movant, on November 29, 1983, filed his pro se Rule 27.26 motion in the Circuit Court of New Madrid County in form mandated by the Appendix to the rule. On the…