Missouri Court of Appeals, Southern District / May 31, 2023
ISIS K. SCHAUER, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Isis Schauer appealed the denial of her Rule 24.035 motion for post-conviction relief without an evidentiary hearing, asserting five claims of ineffective assistance of counsel related to her guilty plea. The motion court denied the claims, finding them refuted by the record and not credible. The appellate court vacated the motion court's order, holding that the record did not conclusively refute Schauer's allegations and that credibility determinations could not be made without an evidentiary hearing. The case was remanded for an evidentiary hearing on all claims.