Legal Opinion

Schafer v. State

Missouri Court of Appeals

Decided May 6, 2008No. WD 68721PublishedCited by 2 opinions

1Opinion of the Court

JOSEPH P. DANDURAND, Judge.

Phillip Schafer appeals the denial without evidentiary hearing of his Rule 24.035 motion for post-conviction relief. Mr. Schafer’s motion challenged his guilty plea to two counts of forgery. On appeal, Mr. Schafer claims it was error to deny his post-conviction motion without an eviden-tiary hearing and claims his plea counsel rendered ineffective assistance of counsel in failing to compare handwriting samples. The point is granted, and the judgment is reversed and remanded for further proceedings.

Facts

On May 26, 2005, Phillip Schafer was charged with two counts of…

2Cases cited15 opinions

  1. Ake v. OklahomaSupreme Court of the United States · 1985
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. State v. RollSupreme Court of Missouri · 1997
  4. Coates v. StateSupreme Court of Missouri · 1997
  5. Drew v. StateSupreme Court of Missouri · 1969

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3Cited by2 opinions

  1. Ronald Taylor v. State of MissouriMissouri Court of Appeals · 2016
  2. Bowers v. StateMissouri Court of Appeals · 2011

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