Legal Opinion

Pierce v. State

Missouri Court of Appeals

Decided July 29, 1980No. 42136PublishedCited by 1 opinion

1Opinion of the Court

REINHARD, Judge.

Movant pleaded guilty to the charge of rape before the circuit court of Cape Girar-deau County and was sentenced to a term of 12 years in the Department of Corrections. Subsequently he filed this Rule 27.26 motion asking the court to vacate that sentence. The court denied movant relief without an evidentiary hearing after making extensive findings of fact and conclusions of law.

*669An evidentiary hearing must be held on a Rule 27.26 motion “[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief . . . .” Rule 27.26(e).…

2Cases cited2 opinions

  1. Haliburton v. StateMissouri Court of Appeals · 1977
  2. Laney v. StateMissouri Court of Appeals · 1979

3Cited by1 opinion

  1. Flowers v. StateMissouri Court of Appeals · 1982

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