Booker v. State
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The Supreme Court affirmed the judgment of the motion court overruling, without a hearing, Defendant’s Mo. R. Crim. P. 24.035 motion for postconviction relief from his conviction for assault in the first degree and thirteen-year sentence.
In denying Defendant’s motion, the motion court found (1) the record conclusively refuted Defendant’s claims that his guilty plea was not knowingly, voluntarily, and intelligently entered, and (2) the record refuted Defendant’s claim that plea counsel was ineffective for failing to advise Defendant of the defense of acting under sudden passion arising out of adequate cause. The Supreme Court affirmed, holding that the record conclusively refused Defendant’s claims that his plea was not knowing and voluntary and that his plea counsel was ineffective.
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