State v. Brooks, 960 S.W.2d 479 (1997)

Citation: State v. Brooks, 960 S.W.2d 479 (1997)
Parent Document: State v. Brooks, 960 S.W.2d 479 (1997)
Jurisdiction: Missouri (state)
Effective Date: 1997-12-23
Original Source: https://www.courtlistener.com/opinion/2427881/state-v-brooks/ ↗

Full Text

799 chars

An evidentiary hearing is not required where “the motion and the files and record of the case conclusively show that movant is entitled to no relief.” Rule 29.15(g) (1988). The Rule 29.15 motion must be substantially in the form provided by Form 40. Rule 29.15(b) (1988). Once counsel is appointed, if the motion does not assert sufficient facts, counsel shall file an amended motion that sufficiently alleges the additional facts and grounds. Rule 29.15(e). No evidentiary hearing will be required unless the motion meets three requirements: (1) the motion must allege facts, not conclusions, warranting relief; (2) the facts alleged must raise matters not refuted by the files and records in the case; and (3) the matters of which movant complains must have resulted in prejudice. State v. Starks,

Other Sections in This Document (214)

Full Text