Joseph v. Kearns v. State Missouri Book Reviews
Joseph v. Kearns v. State Missouri by Missouri Court of Appeals Eastern District Book Summary
Movant appeals from the denial of his Rule 27.26 motion to vacate his plea of guilty and conviction for the offense of Robbery First Degree by Means of a Dangerous and Deadly Weapon. He had been sentenced to serve a term of twelve years in the Department of Corrections. The circuit court denied the 27.26 motion without an evidentiary hearing. Movant contends that the court erred in denying him the evidentiary hearing. On appeal movant claims the following allegations in his first amended motion entitled him to an evidentiary hearing: (1) that the plea was not knowingly and understandingly made because he was under the influence of a narcotic drug during the guilty plea proceeding, and (2) that the plea was not voluntarily and understandingly made due to ineffectiveness of counsel. Specifically, movant contends that counsel was ineffective, and that such ineffectiveness tainted his guilty plea, because counsel was aware, or should have been aware, that movant was under the influence of drugs, and therefore, should not have permitted movant to withdraw his former plea of not guilty. Further movant contends that he was denied effective assistance of counsel because his retained counsel did not appear at his preliminary hearing, and because counsel failed to make an investigation to determine whether the victim would be able to testify or appear at trial proceedings, since counsel knew that the victim was a citizen of a foreign country.
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| Book Name | Joseph v. Kearns v. State Missouri |
| Genre | Law |
| Author | Missouri Court of Appeals Eastern District |
| Published | 26 June 1979, Tuesday |
| Language | English |
| E-Book Size | 55.58 KB |
Joseph v. Kearns v. State Missouri (Missouri Court of Appeals Eastern District) Book Reviews 2024
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Summary of Joseph v. Kearns v. State Missouri by Missouri Court of Appeals Eastern District
The Joseph v. Kearns v. State Missouri book written by Missouri Court of Appeals Eastern District was published on 26 June 1979, Tuesday in the Law category. A total of 14 readers of the book gave the book 0 points out of 5.
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