Crowley v. State
Crowley v. State
Opinion of the Court
Movant was convicted by a jury of four counts of armed robbery and sentenced by the trial court to serve fifteen years on each count, the sentences to run concurrently. That judgment was affirmed on direct appeal. State v. Crowley, 571 S.W.2d 460 (Mo.App. 1978). Movant next filed a motion to vacate judgment and sentence pursuant to Rule 27.26 which the trial court
In his second amended motion, movant alleged as grounds for relief: (1) ineffective assistance of trial counsel and (2) denial of due process and fair trial because he was incompetent to stand trial and the trial court failed to hold a hearing to determine such incompetency.
The trial judge held an evidentiary hearing on the Rule 27.26 motion wherein mov-ant presented evidence. The court in overruling the motion made extensive findings of fact and conclusions of law. In its findings of fact and conclusions of law, the court addressed each of movant’s complaints. Specifically, the court found that movant’s counsel was not incompetent for (1) failing to make a written request for an order granting an examination of accused by his own physician; (2) failing to note that state will pay the cost of such examination if the accused is indigent because this is a misstatement of the law;
We have examined the transcript of the Rule 27.26 hearing and the transcript and exhibits of the original trial. “In all 27.26 proceedings, we must affirm the ruling of
Accordingly, and in compliance with Rule 84.16(b), the judgment is affirmed.
. The judge who presided at the post-conviction hearing was not the same judge who presided at movant’s original trial.
. For a discussion of the law on this issue see State v. Grant, 560 S.W.2d 384, 386 (Mo.App. 1977); Op. Atty. Gen. No. 2 (March 29, 1973).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.