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SMITH v. STATE

No. ED 95644.

350 S.W.3d 859 (2011)

Patrick SMITH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 18, 2011.

Attorney(s) appearing for the Case

Brocca L. Smith , St. Louis, MO, for Appellant.

Chris Koster , Attorney General, John W. Grantham , Asst. Attorney General, Jefferson City, MO, for Respondent.

Before ROBERT G. DOWD, JR. P.J. and MARY K. HOFF and SHERRI B. SULLIVAN, JJ.

ORDER

PER CURIAM.

Patrick Smith ("Movant") appeals from the denial of his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Movant contends the motion court erred in denying his motion without an evidentiary hearing because he alleged facts not conclusively refuted by the record that his trial counsel was ineffective for failing to request a continuance in order to investigate...

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