Legal Opinion

Austin v. State

Missouri Court of Appeals

Decided September 26, 2017No. ED 104817Published

1Opinion of the Court

OPINION

Colleen Dolan, P.J.

Daniel P. Austin (“Movant”) appeals the motion court’s denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing.1 Movant asserts two points on appeal.' In Point I, Movant -argues the motion court erred in denying his Rule 24.035 motion without an evidentiary hearing because the State failed to establish a factual basis for one count of kidnapping as required by Rule 24.02(e). In Point II, Movant argues that the motion court erred in denying his Rule 24.035 motion because his plea counsel was ineffective by failing to inform him that…

2Cases cited14 opinions

  1. State v. TaylorSupreme Court of Missouri · 1996
  2. Roberts v. StateSupreme Court of Missouri · 2009
  3. Webb v. StateSupreme Court of Missouri · 2011
  4. Vaca v. StateSupreme Court of Missouri · 2010
  5. Reynolds v. StateSupreme Court of Missouri · 1999

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