Where defendant challenged the effectiveness of counsel, arguing that his attorney failed to make an offer of proof regarding the victim’s alleged gang membership and drug dealing, the motion court did not err in denying post-conviction relief because the evidence ...

Tagged with: Alternate Perpetrator Evidence effectiveness of counsel Post-Conviction Relief

Where defendant challenged the dismissal of his Rule 24.035 motion, arguing that the motion court improperly invoked the escape rule without ruling on the merits of his claims and thus violating his constitutional rights, judicial authority has established that application ...

Tagged with: Escape Rule Post-Conviction Relief

Where a defendant challenged the denial of his Rule 29.15 motion, arguing that his failure to timely file was the result of third-party interference by his counsel on direct appeal when counsel inaccurately informed him of the deadline, the failure ...

Tagged with: Post-Conviction Relief Third-Party Interference timeliness

Where a defendant challenged the denial of his pro se motion to set aside his conviction for receiving stolen property, the judgment is affirmed because the amended motion was timely filed and effectual even though it did not include every ...

Tagged with: Abandonment Post-Conviction Relief

Where a defendant challenged the denial of post-conviction relief after his guilty plea, the trial court did not err in denying the motion because the plea counsel had no duty to advise him of the deportation consequences of the plea, ...

Tagged with: Deportation Consequences Guilty Plea Post-Conviction Relief

Where a defendant challenged the denial of his Rule 24.035 motion following an evidentiary hearing, the trial court did not err in entering  a 2016 guilty plea on one count of class D felony violation of an order of protection ...

Tagged with: Miranda Post-Conviction Relief

Defendant filed a pro se motion for post-conviction relief, which included an in forma pauperis affidavit claiming indigence due to incarceration. Defendant requested appointment of counsel, but none was appointed. The trial court denied the motion as untimely. Where the ...

Tagged with: Failure to Appoint Counsel Post-Conviction Relief timeliness

Where a defendant was not delivered to the Department of Corrections on his conviction for felony stealing but instead his probation was discharged, the court’s jurisdiction was terminated, so the appeal is dismissed. Appeal dismissed. Marty v. State (MLW No. ...

Tagged with: jurisdiction Post-Conviction Relief

Defendant appealed from the amended judgment entered after the district court granted defendant relief on one of his claims in his motion for post-conviction relief, vacating a conviction and concurrent sentence and special assessment. On appeal, defendant argued that the ...

Tagged with: Failure to Grant Hearing Grant of Relief Post-Conviction Relief

  Where a defendant argued that his counsel was ineffective for failing to object to certain jury instructions, the amended Rule 29.15 motion was filed four days after it was required to be filed, so the motion was untimely, and ...

Tagged with: Abandonment Criminal Law effectiveness of counsel Post-Conviction Relief

Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction relief, alleging 24 instances of ineffective assistance of counsel. The ...

Tagged with: Criminal Law Distribution of Controlled Substances ineffective assistance of counsel Post-Conviction Relief