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Cochran v. State

James LeRoy COCHRAN v. STATE of Missouri

Cochran v. State, 545 S.W.2d 710 (Mo. Ct. App. 1976)
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Court
Missouri Court of Appeals · State Appellate Courts
Decided
December 28, 1976
Docket
No. 38329
Judges
Clemens, Dowd, Weier
Citations
545 S.W.2d 710

Opinion of the Court — Clemens

Text extracted by OCR from a scanned original; check the original for exact wording.

CLEMENS, Judge.

Movant appeals the denial of his second Rule 27.26 motion. He seeks to set aside his conviction and ten-year sentence for armed robbery.

Movant’s first two grounds concern denial of his right to a speedy trial and failure to produce a police report at his trial. Both points were raised and denied *711 on his direct appeal. See State v. Cochran, 366 S.W.2d 360 [1, 2] (Mo.1963). They cannot be reconsidered in this post-conviction proceeding. Sweazea v. State, 515 S.W.2d 499 [1] (Mo.1974).

Movant’s last three grounds concern identification testimony, cross examination of witnesses and jury instructions. These grounds not only concern trial errors but could have been raised in movant’s earlier Rule 27.26 motion filed and denied in 1970. Movant is thus doubly precluded from raising these three grounds in a collateral attack on his conviction. Brown v. State, 492 S.W.2d 762 [4] (Mo.1973); Newman v. State, 481 S.W.2d 3 [1] (Mo.1972).

Judgment affirmed.

WEIER, P. J., and DOWD, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1977: 11978: 11981: 119772026peak 1977 · 1

Relies on it most ⓘ

  1. Johnson v. State561 S.W.2d 704 (Mo. Ct. App. 1978)
  2. Bufalo v. State614 S.W.2d 29 (Mo. Ct. App. 1981)
  3. Johnson v. State553 S.W.2d 499 (Mo. Ct. App. 1977)

Most recent

  1. Bufalo v. State614 S.W.2d 29 (Mo. Ct. App. 1981)
  2. Johnson v. State561 S.W.2d 704 (Mo. Ct. App. 1978)
  3. Johnson v. State553 S.W.2d 499 (Mo. Ct. App. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Sweazea v. State, 515 S.W.2d 499 (Mo. 1974) 32
Newman v. State, 481 S.W.2d 3 (Mo. 1972) 32
State v. Cochran, 366 S.W.2d 360 (Mo. 1963) 19
Brown v. State, 492 S.W.2d 762 (Mo. 1973) 17

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