ROBERT DAVID NELSON, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Missouri Court of Appeals
1Opinion of the CourtDon E. Burrell, J.
Robert David Nelson (“Movant”) appeals the motion court’s order denying his Rule 29.15 post-conviction motion without conducting an evidentiary hearing. 1 Mov-ant, who claims his trial counsel was ineffective for failing to call certain witnesses at trial, asserts he was entitled to an evi-dentiary hearing on his claim because: (1) he pleaded factual allegations that, if proven, would warrant relief; and (2) the pleaded factual allegations were not refuted by the record. Because Movant failed to satisfy the second requirement, we affirm.
Facts and Procedural Background
A jury found Movant…
2Cases cited6 opinions
- Morrow v. StateSupreme Court of Missouri · 2000
- Mitchell v. KardeschSupreme Court of Missouri · 2010
- Jerry A. Rutlin, Movant/Appellant v. State of MissouriMissouri Court of Appeals · 2014
- Branson v. StateMissouri Court of Appeals · 2004
- Staggs v. Venetian Harbor Co.Missouri Court of Appeals · 1991
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