Movant appeals the summary denial of his Rule 27.26 motion. His sole point on appeal claims that the trial court erred in denying him an evidentiary hearing.
An evidentiary hearing in a Rule 27.26 proceeding is required only where the movant has been prejudiced because the facts alleged in his motion warrant relief and these facts are not refuted by the record. Morris v. State,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
