Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Evidentiary Hearing

Where a defendant’s amended motion alleged that his trial counsel ineffectively advised him regarding the state’s plea offer, the record did not conclusively refute the defendant’s claims, so the defendant was entitled to an evidentiary hearing.

Judgment is reversed and remanded.

Watson v. State (MLW No. 69693/Case No. ED103245 – 6 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Louis City, Hettenbach, J. (Emmett D. Queener for appellant) (Chris Koster and Shaun J Mackelprang for respondent).

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