[Download] "Franklin David Weir v. State Missouri" by Supreme Court of Missouri En Banc " Book PDF Kindle ePub Free
eBook details
- Title: Franklin David Weir v. State Missouri
- Author : Supreme Court of Missouri En Banc
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appellant, whose kidnapping conviction was affirmed in State v. Weir, 506 S.W.2d 437 (Mo. 1974), seeks now to vacate the 10 year sentence through his Rule 27.26 motion. After an extensive evidentiary hearing the court denied appellant's motion and in this appeal he contends the court (1) erroneously found defendant was not twice put in jeopardy for the same offense; (2) improperly approved the trial court's action permitting dismissal of the assault charge and the filing of a kidnapping charge thereafter; (3) erroneously denied his claim of ineffective assistance of counsel and (4) mistakenly determined the movant voluntarily waived his right to trial by jury. The Court of Appeals, Western District, affirmed the denial of 27.26 relief, but after opinion transferred the cause to this Court on respondent's motion that we might determine whether a claim of double jeopardy may be raised for the first time in a post-conviction proceeding. We find in the circumstances that this double jeopardy claim was cognizable in a post-conviction proceeding but the hearing court's denial of this and appellant's other claims was not ""clearly erroneous."" Accordingly, we affirm.