Frankoviglia v. State
Frankoviglia v. State
Opinion of the Court
Movant was convicted by a jury of murder in the first degree and sentenced to life imprisonment. That judgment was affirmed on direct appeal, State v. Frankoviglia, 514 S.W.2d 536 (Mo. 1974). Movant unsuccessfully instituted habeas corpus proceedings in the United States District Court, Frankoviglia v. State, 394 F.Supp. 1293 (E.D.Mo. 1975), aff’d 525 F.2d 690 (8th Cir. 1975), cert. denied 424 U.S. 915, 96 S.Ct. 1115, 47 L.Ed.2d 320 (1976). He filed this motion to vacate judgment and sentence pursuant to Rule 27.26.
In his amended motion he alleged as grounds for relief:
a. Ineffective assistance of trial counsel.
b. The prosecuting attorney and his assistants knowingly used perjured testimony.
The trial judge
We have examined the transcript of the Rule 27.26 hearing, the transcript of the original trial and the exhibits submitted to us. Substantial conflicts exist in the testimony; conflicts not only in the testimony of the witnesses at the 27.26 hearing, but in statements, depositions, and exhibits submitted concerning this incident. “In all Rule 27.26 proceedings, we must affirm the ruling of the trial judge unless it appears
Accordingly, and in compliance with Rule 84.16(b), the judgment is affirmed.
. The judge who presided at the post-conviction hearing also presided at the original trial of this case.
. Counsel for movant conceded at oral argument that there was sufficient evidence in the record to sustain the trial court’s findings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.