Barton v. State, SC 83615.
Decision Date | 11 June 2002 |
Docket Number | No. SC 83615.,SC 83615. |
Citation | 76 S.W.3d 280 |
Parties | Walter BARTON, Appellant, v. STATE of Missouri, Respondent. |
Court | Missouri Supreme Court |
Appeal from the Circuit Court of Benton County, Theodore B. Scott, Judge.
Elizabeth U. Carlyle, Lee's Summit, for Appellant.
Jeremiah W. (Jay) Nixon, Atty. Gen., Stephanie Morrell, Asst. Atty. Gen., Jefferson City, for Respondent.
Findings of fact and conclusions of law made by a court upon motion for post-conviction relief must be specific enough to permit meaningful appellate review. State v. Parker, 886 S.W.2d 908, 932 (Mo. banc 1994). The findings and conclusions in this case relating to disclosure of the dismissal of a pending criminal charge in exchange for testimony by a witness for the state are not specific enough. As the findings and conclusions on this issue may cause other findings and conclusions to be changed, the judgment in this case is reversed. The cause is remanded for entry of new findings and conclusions as to all issues raised, including the issues raised in the "motion for new trial, reconsideration of order denying relief or to reopen for additional hearing." For this purpose the court may hold such hearings and receive such evidence as is necessary.
Any order of this Court authorizing the appointment of the Honorable Theodore B. Scott as a senior judge with respect to this case is vacated.
All concur.
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State v. Barton
...violations in his trial. This Court remanded the denial of post-conviction relief to the trial court in an opinion published at Barton v. State, 76 S.W.3d 280 (Mo. banc 2002). In addition to remanding for new findings of fact and conclusions of law, this Court ordered that the case be trans......
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Barton v. State
...Following a prolonged proceeding that involved a per curiam opinion by this Court remanding the case for additional findings, Barton v. State, 76 S.W.3d 280 (Mo. banc 2002), the circuit court vacated Barton's conviction, and the State took no appeal. After the circuit court vacated his seco......
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Barton v. State, SC 95139
...trial, Mr. Barton sought post-conviction relief under Rule 29.15. After this Court remanded the case for additional findings, Barton v. State, 76 S.W.3d 280 (Mo. banc 2002), the circuit court vacated Barton's conviction.2 The six grounds asserted were: (1) prosecutorial misconduct; (2) doub......
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Barton v. State
...Following a prolonged proceeding that involved a per curium opinion by this Court remanding the case for additional findings, Barton v. State, 76 S.W.3d 280 (Mo. banc 2002), the circuit court vacated Barton's conviction, and the State took no appeal. After the circuit court vacated his seco......