(DOWNLOAD) "State Missouri v. Patrice Driver" by Supreme Court of New Mexico " Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Patrice Driver
- Author : Supreme Court of New Mexico
- Release Date : January 19, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Patrice Driver appeals her convictions and the judgment of the motion court denying her Rule 29.15 motion without an evidentiary hearing. A jury convicted Driver of assault in the second degree, § 565.060, RSMo 1994, and leaving the scene of a motor vehicle accident, § 577.060, RSMo 1994. She was sentenced to respective terms of confinement of two years and one year. Driver filed a direct appeal and a motion under Rule 29.15 seeking to vacate the convictions and sentences on grounds of ineffective assistance of counsel. The motion court denied the motion without an evidentiary hearing, finding that the allegation at issue was "refuted by the record of the transcript of the sentencing proceeding." The court of appeals affirmed the judgment of the trial court on the direct appeal but reversed the judgment of the motion court on the postconviction motion and remanded the cause for an evidentiary hearing. This Court granted transfer to determine whether the defendants statements made during the Rule 29.07 hearing precluded her claim of ineffective assistance of counsel under Rule 29.15. The judgment of the trial court is affirmed. The judgment of the motion court is reversed and the cause remanded for an evidentiary hearing.
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