Swallow v. State

Defendant pleaded guilty to first degree assault and armed criminal action (ACA). Defendant subsequently filed a motion for post-conviction relief pursuant to Mo. R. Crim. P. 24.035, alleging ineffective assistance of counsel. The circuit court dismissed the motion as untimely filed because Defendant filed it within 180 days of his delivery to the department of corrections for his first degree assault sentence, which triggered the period in which he could file a post-conviction relief motion challenging that conviction and sentence. The court of appeals affirmed, holding that the triggering event was Defendant's previous delivery to the department of corrections to serve his ACA sentence imposed in the same judgment. The Supreme Court affirmed, holding (1) the circuit court did not err in dismissing Defendant's motion as to his claim of ineffective assistance of plea counsel because the claim was not timely filed; and (2) Defendant's claim that his counsel at his probation revocation hearing on his assault conviction was ineffective was not cognizable in a Rule 24.035 proceeding. View "Swallow v. State" on Justia Law