movant to an evidentiary hearing (Missouri) · Go Syfert
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movant to an evidentiary hearing in Missouri

16 Missouri opinions name it 2 courts 1988–2024 3 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Dorris v. Stategreen
mo · 2012 · cited in 6 Missouri opinions naming this issue, 2012–2024
2 sentences

2017“In a motion filed pursuant to Rule 29.15, the movant must allege facts showing a basis for relief to entitle the movant to an evidentiary hearing.” Dorris, 360 S.W.3d at 267 .

2013Dorris v. State, 360 S.W.3d 260 (Mo. banc 2012), contains the following summary of the law that must be applied to determine whether a movant is entitled to an evidentiary hearing on his Rule 29.15 motion: In a motion filed pursuant to Rule 29.15, the movant must allege facts showing a basis for relief to entitle the movant to an evidentiary hearing.

36
Pollard v. Stategreen
mo · 1991 · cited in 3 Missouri opinions naming this issue, 2012–2013
2 sentences

2013Pollard v. State, 807 S.W.2d 498, 501 (Mo. banc 1991).

2012“In a motion filed pursuant to Rule 29.15, the movant must allege facts showing a basis for relief to entitle the movant to an evidentiary hearing.” Dorris, 360 S.W.3d at 267 (citing Pollard v. State, 807 S.W.2d 498, 501 (Mo. banc 1991)).

33
Cooper v. Stategreen
moctapp · 1994 · cited in 2 Missouri opinions naming this issue, 2013–2017
2 sentences

2017As this Court held in Ziebol v. State, “a mere allegation that a movant’s attorney told him to lie at the plea proceeding does not entitle the movant to an evidentiary hearing, and as here, such allegations can be refuted by the record.” 436 S.W.3d at 217 (citing Cooper v. State, 879 S.W.2d 614, 617 (Mo. App. E.D. 1994)); see also Pines v. State, 778 S.W.2d 724 (Mo. App. E.D. 1989).

2013Cooper v. State, 879 S.W.2d 614, 617 (Mo.App.E.D.1994).

22
Isaiah Forman v. State of Missourigreen
moctapp · 2023 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Id. at 48.

11
Pines v. Stategreen
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017As this Court held in Ziebol v. State, “a mere allegation that a movant’s attorney told him to lie at the plea proceeding does not entitle the movant to an evidentiary hearing, and as here, such allegations can be refuted by the record.” 436 S.W.3d at 217 (citing Cooper v. State, 879 S.W.2d 614, 617 (Mo. App. E.D. 1994)); see also Pines v. State, 778 S.W.2d 724 (Mo. App. E.D. 1989).

11
Robinson v. Stategreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 1993–1993
1 sentence

1993Robinson v. State, 785 S.W.2d 323, 324 (Mo.App.1990).

11
LaRose v. Stategreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 1992–1992
1 sentence

1992LaRose v. State, 724 S.W.2d 339, 340 (Mo.App. 1987).

11
Chapman v. Stategreen
moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988See Chapman v. State, 720 S.W.2d 17, 18 (Mo.App.1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ziebol v. State green
moctapp · 2013
1 sentence

2017As this Court held in Ziebol v. State, “a mere allegation that a movant’s attorney told him to lie at the plea proceeding does not entitle the movant to an evidentiary hearing, and as here, such allegations can be refuted by the record.” 436 S.W.3d at 217 (citing Cooper v. State, 879 S.W.2d 614, 617 (Mo. App. E.D. 1994)); see also Pines v. State, 778 S.W.2d 724 (Mo. App. E.D. 1989).

12017–2017
Morrow v. State green
mo · 2000
1 sentence

2001Three elements must be met within a motion for post-conviction relief to entitle the movant to an evidentiary hearing: “(1) the motion must allege facts, not conclusions, warranting relief; (2) the facts alleged must raise matters not refuted by the files and records in the case; and (3) the matters of which movant complains must have resulted in prejudice.” Morrow, 21 S.W.3d at 822-23 .

12001–2001
Hampton v. State green
moctapp · 1994
1 sentence

1996Rule 24.035 entitles a movant to an evidentiary hearing on the movant’s motion if: 1) the movant alleges facts, rather than conclusions, which, if true, warrant relief; 2) the record does not refute those facts; and 3) the movant was prejudiced by the matters alleged. 3 Hampton v. State, 877 S.W.2d 250 , 252 (Mo.App.1994).

11996–1996
Brown v. State green
moctapp · 1994
1 sentence

1995Brown v. State, 882 S.W.2d 154 (Mo.App.1994).

11995–1995

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 565.050 (3) MO § Mo. Rev. Stat. § 571.015 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MO 16 (1988–2024) ND 5 (2000–2009) FL 5 (1994–2023) KY 4 (2015–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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