Baird v. State

It is regrettable that the movant here is not to be allowed so much as an evidentiary hearing on his Rule 24.035 motion.

The issue in this case is not whether mov-ant was competent to stand trial when he entered his guilty plea; the issue is whether “the files and record of the case conclusively show that the movant is entitled to no relief.” Rule 24.035(g). If not, he is entitled to an evidentiary hearing. Whether the files and record of the case “conclusively” show he is entitled to no relief depends ultimately upon whether they “conclusively” show his counsel was under no duty, in the…