Legal Opinion

ROBERT DAVID NELSON, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent

Missouri Court of Appeals

Decided June 10, 2015No. SD33483Published

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

  1. Morrow v. StateSupreme Court of Missouri · 2000
  2. Mitchell v. KardeschSupreme Court of Missouri · 2010
  3. Jerry A. Rutlin, Movant/Appellant v. State of MissouriMissouri Court of Appeals · 2014
  4. Branson v. StateMissouri Court of Appeals · 2004
  5. Staggs v. Venetian Harbor Co.Missouri Court of Appeals · 1991

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