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 ...

Tagged with: Post-Conviction Relief prosecutorial misconduct

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) ...

Tagged with: effectiveness of counsel Post-Conviction Relief

Where a defendant in a drug-trafficking case argued that his trial counsel was ineffective for failing to request lesser-included offense instructions and for not calling a particular witness, the instructing-down principles were not previously so clear and obvious that counsel’s ...

Tagged with: effectiveness of counsel Lesser Offenses Post-Conviction Relief

Where a defendant challenged the denial of post-conviction relief without an evidentiary hearing, the motion court did not err in denying the claim that his guilty plea lacked sufficient factual basis because the state’s recitation of the facts and the ...

Tagged with: effectiveness of counsel Guilty Plea Post-Conviction Relief

Where a defendant challenged the dismissal of her post-conviction motion, the motion court properly dismissed the motion without prejudice because the defendant lacked standing to file the motion because she had received a suspended imposition of sentence, was on probation ...

Tagged with: Post-Conviction Relief Standing Suspended Imposition Of Sentence

Where a defendant challenged the denial of post-conviction relief without an evidentiary hearing, the motion court did not err in denying the claim that his guilty plea lacked sufficient factual basis because the state’s recitation of the facts and the ...

Tagged with: effectiveness of counsel Guilty Plea Post-Conviction Relief

Where a defendant argued that the record did not conclusively refute his claim that his trial counsel was ineffective for failing to argue for a more lenient sentence based on “adolescent development issues,” the attorney argued for leniency based on ...

Tagged with: effectiveness of counsel Post-Conviction Relief

Where a defendant brought a pro se challenge to the denial of his Rule 29.07(d) motion to withdraw his guilty plea to felony driving while intoxicated from 16 years earlier, the exclusive procedure to raise the claim was under Rule ...

Tagged with: Post-Conviction Relief Pro Se Appearance Time Bar

Defendant was convicted of robbery, armed criminal action and felonious restraint. Defendant filed a pro se PCR motion. The motion court appointed a “public defender” to represent defendant and filed an amended PCR motion. The motion court denied the claims ...

Tagged with: Abandonment by Counsel Post-Conviction Relief

Where a defendant argued that his appellate counsel was ineffective for failing to assert on direct appeal that the trial court erred in accepting unauthenticated evidence from the driving-while-intoxicated tracking system to support his classification as a chronic offender, the ...

Tagged with: effectiveness of counsel Post-Conviction Relief

Defendant, who was found guilty of two counts of second-degree murder and sentenced to life imprisonment, appealed the denial of his motion for post-conviction relief, which alleged that trial counsel was ineffective for requesting the jury be instructed on lesser-included ...

Tagged with: Post-Conviction Relief Requesting Lesser-Included Offenses