Taylor v. State, 36845

Decision Date08 June 1976
Docket NumberNo. 36845,36845
Citation539 S.W.2d 589
PartiesRobert Henry TAYLOR, Movant, v. STATE of Missouri, Respondent. . Louis District, Division One
CourtMissouri Court of Appeals

Robert C. Babione, Public Defender, James C. Jones, Christelle Adelman-Adler, Asst. Public Defenders, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, St. Louis, for respondent.

RENDLEN, Judge.

Appeal from denial of Rule 27.26, V.A.M.R. motion seeking to vacate a murder second degree conviction and fifteen year sentence entered on a plea of guilty. The contentions of error concern the trial court's failure to hold an evidentiary hearing.

At the outset we note that except for the most liberal construction the trial court could not have found the allegations in appellant's motion sufficient to state a claim for relief under Rule 27.26. It has been held that '(a) 27.26 movant, in order to be entitled to an evidentiary hearing, must plead facts, not conclusions, which, if true, would entitle him to relief and must show that such factual allegations are not refuted by facts elicited at the guilty plea hearing.' Smith v. State, 513 S.W.2d 407, 411(1) (Mo.Banc 1974) cert. denied 420 U.S. 911, 95 S.Ct. 832, 42 L.Ed.2d 841 (1975). Adopting the trial court's liberal construction as to the sufficiency of the pleadings, we turn to the merits.

Mindful that movant was entitled to an evidentiary hearing '(u)nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief,' Rule 27.26(e), V.A.M.R., we nonetheless approve the trial court's finding that no hearing was required since the allegations, if true, were insufficient to warrant the relief sought.

The 27.26 motion alleged that the guilty plea was involuntary in that: (1) movant was threatened with the death penalty if he went to trial; (2) he was told that a confession obtained from him by force would be used by the prosecutor if he went to trial; and (3) blacks suffer the death penalty more frequently than whites, 'and thus, the death penalty that was going to be used against movant was discriminatory and coerced movant into pleading guilty.'

Examining the allegations in the order presented, movant's first contention, that his plea was the result of fear of the death penalty which according to him was threatened by both his attorney and the prosecutor if he went to trial, does not state a ground for relief. It is settled that a plea of guilty entered to avoid the possibility of the death penalty is not thereby rendered involuntary. Brady v. United States, 397 U.S. 742, 755, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); State v. Clay, 520 S.W.2d 172, 176(3) (Mo.App.1975); Beeman v. State, 502 S.W.2d 254, 255(2) (Mo.1973); Skaggs v. State, 476 S.W.2d 524, 528(6) (Mo.1972).

The motion alleges that movant's attorney Dewitt Lawson 'will testify that he did explain to movant about the death penalty.' Movant was charged with murder first degree and the death penalty was then within the range of punishment for that offense. It was his attorney's duty to advise movant of the possible consequences of taking the case to trial so that he could intelligently decide whether to plead guilty. The motion further alleges that the assistant circuit attorney 'will testify that he told movant about the death penalty at the arraignment and . . . that he would have asked for the death penalty if movant would have went to trial.' This statement by the assistant circuit attorney was a disclosure of intent which if a 'threat' does not constitute duress sufficient to render the plea involuntary. Movant cannot by characterizing these statements as threatening, without more, state a ground for relief. See Smith v. State, supra at 411(3).

Movant next alleges his guilty plea was coerced by threats that a confession obtained from him by force and terror (thus legally inadmissible) would in fact be used against him at the trial. It has consistently been held that even if this were true it would not be grounds to vacate a guilty plea, voluntarily entered. 'The fact that there was an allegedly inadmissible confession in existence which might have been used in evidence against appellant is no sufficient reason to vacate the judgment and sentence entered pursuant to a...

To continue reading

Request your trial
16 cases
  • Jackson v. State
    • United States
    • Court of Appeal of Missouri (US)
    • 8 Marzo 1977
    ...otherwise permissible statements threats, movant cannot, without other supporting facts, state a ground for relief. Taylor v. State, 539 S.W.2d 589, 590(1) (Mo.App.1976); Smith v. State, 513 S.W.2d 407, 411(2) (Mo. banc 1974), cert. denied, 420 U.S. 911, 95 S.Ct. 832, 42 L.Ed.2d 841 (1975);......
  • Rice v. State
    • United States
    • United States State Supreme Court of Missouri
    • 11 Septiembre 1979
    ......State, 541 S.W.2d 773, 774 (Mo.App.1976); Shepherd v. State, 540 S.W.2d 619, 620 (Mo.App.1976); Taylor v. State, 539 S.W.2d 589, 590 (Mo.App.1976); Winston v. State, 533 S.W.2d 709, 714 (Mo.App.1976); Fisk v. State, 515 S.W.2d 865, 866 (Mo.App.1974). ......
  • Jackson v. State
    • United States
    • United States State Supreme Court of Missouri
    • 11 Septiembre 1979
    ...a plea vulnerable to such an attack. Brady v. United States, 397 U.S. 742, 755, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); Taylor v. State, 539 S.W.2d 589, 590 (Mo.App.1976); State v. Clay, 520 S.W.2d 172, 176 (Mo.App.1975); Beeman v. State, 502 S.W.2d 254, 255 (Mo.1973). Plea bargaining, by its......
  • Gilliland v. State, 19329
    • United States
    • Court of Appeal of Missouri (US)
    • 23 Agosto 1994
    ...a guilty plea which was voluntarily and understandingly made. Farmer v. State, 758 S.W.2d 156, 157 (Mo.App.E.D.1988); Taylor v. State, 539 S.W.2d 589, 590 (Mo.App.1976). In Maxwell v. State, 459 S.W.2d 388, 392 (Mo.1970), the court "The fact that there was an allegedly inadmissible confessi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT