(DOWNLOAD) "Edward Fields v. State Missouri" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: Edward Fields v. State Missouri
- Author : Supreme Court of Nebraska
- Release Date : January 06, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In 1975, appellant was convicted of rape and sentenced to twenty-- five years imprisonment. The conviction was affirmed on appeal. State v. Fields, 538 S.W.2d 348 (Mo. App. 1976). In 1976 and again in 1977, appellant filed pro se motions pursuant to rule 27.26 to vacate the sentence. Each motion was accompanied by a "motion for leave to appeal in Forma Pauperis." These motions to appear in forma pauperis were denied in the trial court because the first motion did "not contain any allegation of error not contained in [appellants] motion for new trial and not presented and determined on appeal," and because "all matters in [appellants second] motion under rule 27.26 were raised and ruled in the appeal." Appellant did not appeal from either ruling. Appellant filed a third rule 27.26 motion stating the ground that "movant was denied effective assistance of counsel." This ground had not been alleged in appellants two previous motions. Appellants only stated reason for not having raised this ground in his previous motions was "ineffective assistance of counsel was not raised because I didnt know or understand what could be raised on a 27.26 motion." On February 28, 1977, the trial court denied appellants third 27.26 motion without evidentiary hearing and appellant appealed.