(Download) "Leonard Dean Pauley v. State Missouri" by Supreme Court of Missouri Division 2 " eBook PDF Kindle ePub Free
eBook details
- Title: Leonard Dean Pauley v. State Missouri
- Author : Supreme Court of Missouri Division 2
- Release Date : January 11, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an appeal by Leonard Dean Pauley from an order overruling his Criminal Rule 27.26 motion to vacate judgment of conviction and 12-year sentence for first degree robbery, entered on a plea of guilty. The circuit court summarily denied the motion without holding an evidentiary hearing, the order reading: ""The Court finds from examination of the files of records, transcripts and motion, that Petitioner fails to set forth grounds for relief."" We have jurisdiction because the appeal was taken prior to January 1, 1972. Art. V, §§ 3, 31, Constitution of Missouri, 1945. The motion was based on (1) denial of petitioner's right to a preliminary hearing and (2) denial of effective assistance of counsel in that counsel (a) failed to point out to the circuit court that the magistrate Judge failed to appoint counsel for him so he would have an opportunity to confront his accusers in the magistrate court; (b) failed to properly inform him of the charges against him; (c) failed ""in his duty to inform the Court that, in return for Petitioner's plea of Guilty, Petitioner was to receive Parole,"" and (d) informed him that the most time he would receive would be 7 years' imprisonment.