Guelker v. State

Missouri Court of Appeals

Guelker v. State

703 S.W.2d 548, 1985 Mo. App. LEXIS 3829

CourtMissouri Court of Appeals

DecidedDecember 24, 1985

DocketNo. 50150

StatusPublished

This text of 703 S.W.2d 548 (Guelker v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guelker v. State, 703 S.W.2d 548, 1985 Mo. App. LEXIS 3829 (Mo. Ct. App. 1985).

Pincite

Opinion

DONALD L. MANFORD, Special Judge.

This is an appeal from a judgment of dismissal of a petition for Writ of Error Coram Nobis. In response to the filing of the appeal, respondent filed a Motion to Dismiss the Appeal.

The Motion to Dismiss is sustained and the appeal is dismissed. A Writ of Error Coram Nobis is governed by Rule 27.26. Hindman v. Crouch, 560 S.W.2d 874, 875 (Mo. banc 1978).

It is incumbent upon the appellant to supply a record on appeal from which the facts alleged can be sufficiently established. Grice v. State, 634 S.W.2d 502, 503 (Mo.App.1982). Sufficient record is necessary as the court will not entertain the unsupported allegations of a party seeking post-conviction relief on appeal. Speakman v. State, 602 S.W.2d 471, 473 (Mo.App.1980). The failure of appellant herein to furnish an adequate record leaves nothing for this court to review. Burns v. State, 601 S.W.2d 633, 635 (Mo.App.1980). The proper action to be taken by this court under such facts and circumstances is dismissal of the appeal. City of Jennings v. Turner, 585 S.W.2d 210, 212 (Mo.App.1979).

The appeal is dismissed pursuant to Rule 81.12.

So ordered.

CRIST and REINHARD, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DONALD L. MANFORD, Special Judge.

This is an appeal from a judgment of dismissal of a petition for Writ of Error Coram Nobis. In response to the filing of the appeal, respondent filed a Motion to Dismiss the Appeal.

The Motion to Dismiss is sustained and the appeal is dismissed. A Writ of Error Coram Nobis is governed by Rule 27.26. Hindman v. Crouch, 560 S.W.2d 874, 875 (Mo. banc 1978).

It is incumbent upon the appellant to supply a record on appeal from which the facts alleged can be sufficiently established. Grice v. State, 634 S.W.2d 502, 503 (Mo.App.1982). Sufficient record is necessary as the court will not entertain the unsupported allegations of a party seeking post-conviction relief on appeal. Speakman v. State, 602 S.W.2d 471, 473 (Mo.App.1980). The failure of appellant herein to furnish an adequate record leaves nothing for this court to review. Burns v. State, 601 S.W.2d 633, 635 (Mo.App.1980). The proper action to be taken by this court under such facts and circumstances is dismissal of the appeal. City of Jennings v. Turner, 585 S.W.2d 210, 212 (Mo.App.1979).

The appeal is dismissed pursuant to Rule 81.12.

So ordered.

CRIST and REINHARD, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

703 S.W.2d 548, 1985 Mo. App. LEXIS 3829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guelker-v-state-moctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack