Wayne v. State

CLEMENS, Senior Judge.

Movant-defendant Larry Wayne appeals the circuit court’s judgment summarily denying his second Rule 27.26 motion. This motion, as did the first one, challenges the judgment based on a finding defendant was guilty of second degree murder and imposing a life sentence. This after federal courts had repeatedly denied defendant’s post-trial motions.

We look to our decision affirming the denial of defendant’s first Rule 27.26 motion. See Wayne v. State, 579 S.W.2d 780 (Mo.App.1979). Therein we noted defendant had escaped from custody while his motion for new trial was pending.…