Garrett v. State

CROW, Judge.

Arvin J. Garrett (“movant”) appeals from a judgment denying relief in a proceeding by him under former Rule 27.261 to vacate his conviction, per jury trial, of murder in the first degree. The conviction was affirmed on direct appeal. State v. Garrett, 595 S.W.2d 422 (Mo.App.1980).

In the instant proceeding, the circuit court (henceforth referred to as “the motion court”) conducted an evidentiary hearing at which movant appeared in person and with counsel. Thereafter, with commendable diligence, the motion court made comprehensive findings of fact and conclusions of law.

In this…