King v. State

I dissent. I would reverse and remand with directions to set aside the conviction and sentence and to allow the withdrawal of defendant’s plea of guilty, unless the state upon an evidentiary hearing could show an unreasonable delay by defendant in filing his 27.26 motion, resulting in unreasonable prejudice to the state, Chrisco v. State, 586 S.W.2d 407, 410 (Mo.App.1979); United States v. Barker, 514 F.2d 208, 222 (D.C.Cir.1975), or could show a waiver or consent by the defendant to be sentenced by Judge Marsh. See People v. McKinley, 5 Mich.App. 230, 146 N.W.2d 142 (1966).

My view is that…