Missouri Court of Appeals, Southern District / Jan 28, 2021
RONALD MCLEMORE, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Ronald McLemore filed a Rule 29.15 motion for post-conviction relief, alleging ineffective assistance of counsel. The motion court denied the motion without an evidentiary hearing, making credibility findings regarding trial counsel's strategy based solely on the trial transcript. The appellate court reversed and remanded, holding that the motion court erred by denying an evidentiary hearing when credibility findings were necessary and the record did not conclusively refute Movant's claims.