Missouri Court of Appeals, Eastern District / Nov 16, 2021
Lawrence M. Phillips, Appellant, vs. State of Missouri, Respondent.
Lawrence Phillips appeals the denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing, following his guilty plea to second-degree robbery. Phillips alleged his plea counsel was ineffective for misadvising him about parole eligibility, making his plea involuntary. The motion court denied relief, finding the record refuted Phillips's claim. The appellate court reversed and remanded, holding that the plea hearing record, which contained only a general inquiry about confinement length, did not conclusively refute Phillips's specific allegations regarding parole eligibility advice.