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Criminal Law: Post-Conviction Relief-Evidentiary Hearing
Staff Report//June 8, 2023
Where a defendant argued that the motion court erred by denying each of the five claims in her amended motion without conducting an evidentiary hearing, the allegations made by the defendant in her amended Rule 24.035 motion were not conclusively refuted by the record, so the court erred by not conducting an evidentiary hearing on those claims.
Vacated; remanded.
Schauer v. State (MLW No. 80003/Case No. SD37458 – 8 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Texas County, Beger, J. (Jedd Christian Schneider, Columbia for appellant) (Alex Daniel Beezley, Jefferson City for respondent).
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