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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (214)

Full Text

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testimony. Appearing to admit the deficiency in his pleading, appellant complains that Form 40, designated by this Court to be used in posteonviction relief proceedings, does not provide sufficient room to develop facts. Apart from the obvious problem with appellant’s allegation of insufficient space in which to plead, appellant disregards the fact that once counsel is appointed, if the motion fails to assert sufficient facts, counsel is required to file an amended motion that sufficiently alleges the additional facts and grounds. Rule 29.15(e). The claim was not developed in the amended motion. Had the claim been more fully stated, however, this Court notes gratuitously that the motion court did not clearly err in ruling that the testimony would have been cumulative; appellant’s grandmother and his aunt testified concerning his relationship with his mother and concerning his abusive childhood. This claim is without merit. B.