Smith v. State
Smith v. State
Opinion of the Court
ORDER
Philip Smith (Movant) appeals from the judgment denying his Rule 24.085 motion for post-conviction relief without an evi-dentiary hearing. Movant contends the motion court erred in denying his claims that: (1) his guilty plea was uninformed and involuntary because neither counsel nor the court advised him of the applicable 40% minimum prison term he would be required to serve pursuant to Section 558.019 RSMo 1994; and (2) his counsel was ineffective, and his plea was rendered uninformed and involuntary, in that counsel failed to seek a mental evaluation based on Movant’s history of schizophrenia to investigate his capacity to understand the proceedings and a possible defense of mental defect.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.