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eBook details

• Title: Harlan Fleck v. State Missouri
• Author : Supreme Court of Missouri Division 2
• Release Date : January 14, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

On April 24, 1963, movant entered a plea of guilty to a charge of murder in the first degree and was sentenced to life imprisonment.
Subsequently, he filed a motion to vacate judgment and sentence pursuant to Supreme Court Rule 27.26, V.A.M.R. Counsel to
represent defendant in connection with said motion was appointed and an evidentiary hearing held. The trial court made findings
of fact and Conclusions of law and denied the motion to vacate, from which action the movant appealed. We affirm. The first point briefed on appeal is that movant was denied his constitutional right to counsel by the refusal of the magistrate
to appoint an attorney for him at his preliminary hearing, and that he was prejudiced as a result. Movant cites the Sixth
and Fourteenth Amendments to the Constitution of the United States and numerous decisions of the Supreme Court of the United
States relating to the right of a defendant to counsel at all critical stages of proceedings against him. He also cites Art.
I, § 18(a) of the Const. of Mo., 1945, and certain rules of the Supreme Court of Missouri, particularly Rule 23.03,
V.A.M.R.

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