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Criminal Law: Post-Conviction Relief-Shackled Defendant-Effectiveness of Counsel
Where a defendant argued that the trial court erred in denying her motion for post-conviction relief after an evidentiary hearing due to her appearance at trial shackled in an ankle bracelet, the defendant did not present any testimony or evidence indicating that the jury saw the ankle bracelet, so the defendant failed to show clear […]
Criminal Law: Post-Conviction Relief-Timeliness
Where a defendant challenged the denial of his post-conviction relief motion as untimely, the motion court was required to give appointed counsel the opportunity to file the amended motion to assert any additional facts including that the pro se motion was untimely filed or whether the circumstances of filing fell within an exception to the […]
Criminal Law: Post-Conviction Relief-Effectiveness of Counsel
Where defendant challenged the denial of post-conviction relief without an evidentiary hearing, the defendant’s claim that counsel was ineffective for failing to prepare for trial was refuted by the record, and the claim that counsel failed to advise the defendant of a viable defense also was conclusively refuted by the record. Judgment is affirmed. Haynes […]
Criminal Law: Post-Conviction Relief-Timeliness-Abandonment
Where a defendant challenged the denial of post-conviction relief, the amended motion filed by post-conviction counsel was untimely, so the court clearly erred in failing to conduct an abandonment inquiry. Judgment is reversed and remanded. McAllister v. State (MLW No. 74962/Case No. ED107945 – 5 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed […]
Criminal Law: Post-Conviction Relief-Effectiveness of Counsel
Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the trial court did not err because the defendant failed to show that his counsel’s actions rendered his guilty plea involuntary. Judgment is affirmed. Martin v. State (MLW No. 74963/Case No. ED107883 – 5 pages) (Missouri Court of Appeals, […]
Criminal Law: Post-Conviction Relief-Escape Rule
Where a defendant challenged the denial of her motion for post-conviction relief, the defendant absconded for more than 20 months, so the appeal is dismissed pursuant to the escape rule. Appeal is dismissed. Thomas v. State (MLW No. 74911/Case No. ED107978 – 4 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit […]
Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Prejudice
Where a defendant in a first-degree murder case argued that she received ineffective assistance of counsel in rejecting the state’s pre-trial plea offer for a 25-year sentence for second-degree murder and instead proceeding to trial, the motion court properly found that the defendant failed to prove that she was prejudiced by trial counsel’s inaccurate advice […]
Criminal Law: Post-Conviction Relief-Escape Rule
Where a defendant challenged the denial of his motion for post-conviction relief, the defendant absconded from probation, so the escape rule is applied to deny review of the defendant’s first two claims, and the defendant did not allege facts in his amended motion that entitled him to relief on his claim of ineffective assistance of […]
Criminal Law: Post-Conviction Relief-Death Sentence-Abandonment
Where a defendant sentenced to death in a first-degree murder case challenged the denial of post-conviction relief, the defendant’s trial counsel made reasonable strategic decisions, and there was no abandonment by post-conviction counsel, so the denial of relief is affirmed because the defendant also did not show constitutional violations or prejudice. Judgment is affirmed. McFadden […]
Criminal Law: Post-Conviction Relief-Pro Se Motion-Timeliness
Where a motion court overruled defendant’s pro se motion for post-conviction relief on the merits, the defendant failed to allege any facts showing that his motion was timely or that the untimely filing fell into a recognized exception, so the judgment is vacated and remanded for the court to enter an order dismissing the motion […]
Criminal Law: Post-Conviction Relief-Prosecutorial Misconduct
Where a defendant in a robbery and burglary case challenged the denial of his motion for post-conviction relief, the claim of prosecutorial misconduct was not cognizable in a Rule 29.15 proceeding, the findings that counsel was not ineffective and that there was no Brady violation were not erroneous, and the judgment is affirmed because the […]
Criminal Law: Post-Conviction Relief-Effectiveness of Counsel
Where a defendant challenged a denial of post-conviction relief, arguing ineffective assistance of counsel, the motion court did not clearly err, so the judgment is affirmed. Judgment is affirmed. Shelby v. State (MLW No. 74756/Case No. SD36125 – 3 pages) (Missouri Court of Appeals, Southern District, Scott, J.) Appealed from circuit court, Greene County, Jones, […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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