D'Andre Hayes, Movant/Appellant v. State of Missouri

INTRODUCTION

D’Andre Hayes appeals the judgment of the Circuit Court of the City of St. Louis denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. On appeal, Hayes contends the motion court clearly erred in denying, without an evidentiary hearing, his claim that he received ineffective assistance of counsel. Because we hold that Hayes’s allegation of ineffective assistance of counsel is not refuted by the record, we reverse and remand for an evidentiary hearing.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2012, Hayes was indicted on two counts of robbery in…