Wheatley v. State

SEILER, Judge.

This case presents the question of whether, after counsel has been appointed for a petitioner who files pro se a motion for postconviction relief under rule 27.26, the trial court may, without giving counsel notice or an opportunity to be heard, summarily deny the motion.

The court of appeals, division one, St. Louis district, held not, in a two to one decision. The case was transferred here on application of the state. Treating the case as though it were here on original appeal, we reach the same result as did the court of appeals and remand the case accordingly.

Rule 27.26(h)…