Shields v. State
Shields v. State
Opinion of the Court
By this, his fourth Rule 27.26 motion,
The trial court granted an evidentiary hearing. Movant testified that in 1955 he represented himself because he had no money and the attorney appointed to consult with him did not do so during the trial. Court records of that conviction show that although movant had requested to represent himself, counsel was appointed to represent him.
In denying movant’s motion the trial court found not only that movant’s testimony was unworthy of belief but also that the ground alleged in his motion could and should have been raised in an earlier motion.
Rule 27.26(d) provides that a successive Rule 27.26 motion shall not be entertained where the ground presented in the successive motion could have been raised in a prior Rule 27.26 motion. Movant failed to meet his burden of establishing that the ground raised in this successive motion could not have been raised in a prior motion. Nolan v. State, 484 S.W.2d 273 (Mo. 1972).
Judgment affirmed.
. Previous denials: State v. Shields, 441 S.W.2d 719 (Mo. 1969); Shields v. State, 491 S.W.2d 6 (Mo.App. 1973); and Shields v. State, denied December 21, 1973.
. Affirmed, State v. Shields, 391 S.W.2d 909 (Mo. 1965); cert. den., 382 U.S. 966, 86 S.Ct. 457, 15 L.Ed.2d 369.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.