Barnes v. State
364 S.W.3d 765
| Mo. Ct. App. | 2012Background
- Movant Barnes appeals the motion court's denial of his amended Rule 24.035 post-conviction motion without an evidentiary hearing.
- On January 22, 2009, Barnes pled guilty to assault in the second degree, unlawful weapon use, and felony resisting arrest; total five-year sentence suspended on probation for five years.
- Probation violated on December 3, 2009; sentence executed; Barnes delivered to DOC on December 9, 2009.
- Barnes filed a pro se Rule 24.035 motion on July 28, 2010; amended motion filed October 2, 2010 alleging attorney coercion.
- Motion court denied relief, holding movant failed to show ineffective assistance; court did not hold an evidentiary hearing.
- Court holds the motion untimely; 180-day filing window runs from December 9, 2009, to June 7, 2010, requiring dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Rule 24.035 motion. | Barnes contends timely filing and coercion facts merit relief. | State asserts untimely filing and waiver of rights under Rule 24.035. | Motion is untimely; must be dismissed. |
Key Cases Cited
- Bond v. State, 326 S.W.3d 828 (Mo. App. E.D. 2010) (timeliness measured from custody delivery and 180-day window)
- Gehrke v. State, 280 S.W.3d 54 (Mo. Banc. 2009) (mandatory dismissal for untimely Rule 24.035 motion)
- Swofford v. State, 323 S.W.3d 60 (Mo. App. E.D. 2010) (state can address movant’s untimeliness sua sponte)
- Dorris v. State, 360 S.W.3d 260 (Mo. Banc. 2012) (movant must show timely filing and merits for an evidentiary hearing)
- Mackley v. State, 331 S.W.3d 733 (Mo. App. E.D. 2011) (untimely post-conviction motion results in waiver)