Graves v. State
2012 Mo. App. LEXIS 874
| Mo. Ct. App. | 2012Background
- Graves appeals the denial of his Rule 29.15 post-conviction relief motion following an evidentiary hearing.
- The motion court refused to hear evidence related to the timeliness of Graves's motion, prompting reversal and remand for further proceedings.
- Graves was indicted on three counts of first-degree robbery, one count of attempted robbery, and four counts of armed criminal action; armed-action counts were dismissed during trial.
- The jury convicted Graves on the robbery and attempted robbery counts; he was sentenced to concurrent terms of 20 years (robbery Counts I-III) and 10 years (attempted robbery).
- On direct appeal, Graves's convictions and sentences were affirmed; the mandate issued August 18, 2010.
- Graves filed a pro se Rule 29.15 post-conviction motion on November 23, 2010; an amended motion claimed ineffective assistance on direct appeal and sought to present evidence about timeliness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the post-conviction motion | Graves alleged facts showing possible timely filing. | The motion court should determine timeliness; the State sought an evidentiary hearing on timeliness. | Remand for an evidentiary hearing to determine timeliness. |
Key Cases Cited
- Dorris v. State, 360 S.W.3d 260 (Mo. banc 2012) (mandatory time limits; waivers in post-conviction rules)
- Trice v. State, 344 S.W.3d 277 (Mo. App. E.D.2011) (timeliness of filing considered by the court)