Kreidler v. State
419 S.W.3d 870
Mo. Ct. App.2013Background
- Movant Kreidler pled guilty to first-degree assault and armed criminal action with concurrent 15-year terms.
- Original post-conviction counsel timely filed a Rule 24.035 motion but failed to amend it thereafter.
- The untimely original motion asserted involuntariness due to trial counsel’s alleged failures to investigate three topics.
- The motion court held an evidentiary hearing and denied relief, despite the late filing.
- Movant later sought to reopen the post-conviction matter, claiming abandonment by original counsel (late filing and failure to amend).
- The motion to reopen was denied without an evidentiary hearing, and the denial was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether late original motion warranted reopening relief. | Kreidler argues abandonment by late filing prejudiced him. | State contends untimely filing caused no prejudice; reopening unnecessary. | No prejudice; denial affirmed. |
| Whether counsel’s failure to file an amended motion alleging psychiatrist evidence constituted abandonment. | Kreidler alleges amended motion would show the plea could be vacated. | State preserves that the record lacks the psychiatrist report to prove prejudice. | Court did not find clear error; no evidentiary hearing warranted. |
Key Cases Cited
- Gehrke v. State, 280 S.W.3d 54 (Mo. banc 2009) (review standard for motion to reopen post-conviction)
- Simmons v. State, 100 S.W.3d 143 (Mo.App. E.D.2003) (evidentiary hearing requirements for post-conviction relief)
- Edgington v. State, 189 S.W.3d 703 (Mo.App. W.D.2006) (abandonment claims in motion to reopen)
- Crenshaw v. State, 266 S.W.3d 257 (Mo. banc 2008) (circumstances of abandonment not fixed)
- McFadden v. State, 256 S.W.3d 103 (Mo. banc 2008) (abandonment considerations in plea context)
- Kennedy v. State, 771 S.W.2d 852 (Mo.App. S.D.1989) (psychiatric evidence and prejudice considerations)
- Dorris v. State, 360 S.W.3d 260 (Mo. banc 2012) (untimely filing generally waives post-conviction claim)
- Morgan v. State, 51 S.W.3d 550 (Mo.App. E.D.2001) (remedy for abandonment is to restore pre-abandonment position)
- Roll v. State, 942 S.W.2d 370 (Mo. banc 1997) (ineffectiveness standards limited to knowing voluntariness of plea)
- Brooks v. State, 304 S.W.3d 764 (Mo.App. S.D.2010) (Rule 24.035 and Rule 29.15 counterpart discussion)