Missouri Post-Conviction Motions
Rule 29.15: This motion is used to challenge your conviction and sentence after a trial.
Rule 24.035: This motion is used to challenge your conviction and sentence after a guilty plea.
These motions allow convicted defendants to challenge their conviction on three grounds:
- Conviction or sentence violates the United States or Missouri Constitution (including claims of ineffective assistance of counsel)
- Sentencing court lacked jurisdiction; or
- Sentence imposed was in excess of maximum authorized by law.
Rule 29.07: This motion is used to withdraw your guilty plea if a remedy under Rule 24. 035 is unavailable to you. You must demonstrate to the court that your guilty plea resulted in a manifest injustice before the court will grant your motion.
Rule 91: This remedy allows a prisoner to bring a petition for writ of habeas corpus. The relief afforded by this remedy is very narrow and is not often granted. The types of claims that may be raised in this proceeding are actual innocence, jurisdictional defects, and constitutional violations that were not previously raised and the prisoner has good cause for not raising them earlier.
Appeals Of Post-Conviction Motions
If a Rule 29.15 or 24.035 motion is denied, the movant has the right to appeal. The post-conviction motion court will be reversed if the court clearly erred in their decision denying relief. The notice of appeal is due ten days after the judgment becomes final.
This remedy is often used by prisoners who believe that the Missouri Department of Corrections is miscalculating their term of imprisonment often regarding the jail time credits that they deserve.
Federal Writs Of Habeas Corpus
28 U.S.C. Sec. 2254: After a state prisoner has exhausted all of his or her state remedies (direct appeal, post-conviction motion, appeal of the denial of the post-conviction motion), he or she may file a petition for writ of habeas corpus in federal court. A prisoner will generally only be allowed to bring those claims that he or she already raised in state court, however, there are exceptions to this rule. Also, this writ is governed by a one-year statute of limitation and must filed within one year of the conclusion of direct review. The limitations period is tolled while any motion for or appeal of post-conviction relief is pending. The standard for review of the grounds raised is much higher in federal court than in state court.
Call Now For An Initial Strategy Session