Pines v. State

I concur in the dissent of Judge Carl Gaertner and further dissent in that the majority opinion relies on LaRose v. State, 724 S.W.2d 339, 340 (Mo.App.1987) and Wade v. State, 698 S.W.2d 621 (Mo.App.1985).

The majority relies on these cases for the proposition that a mere allegation that a movant’s attorney told him to lie at his guilty plea hearing does not entitle him to an evidentiary hearing.

This proposition has its genesis in the case of Blade v. State, 558 S.W.2d 352 (Mo.App.1977). Blade holds that, while a movant is entitled to an evidentiary hearing when he couples an allegation that…