Mercer v. State

HOGAN, Judge.

In this postconviction proceeding pursuant to Rule 27.26, movant George (Tiny) Mercer (defendant) sought to vacate a death sentence imposed upon conviction of capital murder, as defined and denounced by § 565.001, RSMo 1978.1 The trial court denied relief and the defendant has appealed.

The appalling facts of the case need not be recited in detail. The direct appeal was adjudicated by our Supreme Court; that court affirmed the judgment and sentence; its opinion is reported as State v. Mercer, 618 S.W.2d 1 (Mo. banc 1981), cert. denied, 454 U.S. 933, 102 S.Ct. 432, 70 L.Ed.2d 240…