Walter Barton, Appellant v. State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion

Case Style: Walter Barton, Appellant v. State of Missouri, Respondent. Case Number: SC83615 Handdown Date: 06/11/2002 Appeal From: Circuit Court of Benton County, Hon. Theodore B. Scott Counsel for Appellant: Elizabeth U. Carlyle Counsel for Respondent: Stephanie Morrell and John M. Morris Opinion Summary: Walter Barton sought post-conviction relief following this Court's affirmation of his conviction and death sentence. The motion court denied the relief Barton requested, and he appeals. REVERSED AND REMANDED. Court en banc holds: The findings and conclusions in this case relating to disclosure of the dismissal of a pending criminal charge in exchange for testimony by a state's witness are not specific enough. Because the findings and conclusions on this issue may cause other findings and conclusions to be changed, the judgment of the motion court is reversed, and the case is remanded. Citation: Opinion Author: PER CURIAM Opinion Vote: REVERSED AND REMANDED. All concur. Opinion: 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. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.