McNeil v. State
2017 Mo. App. LEXIS 194
Mo. Ct. App.2017Background
- Movant Kenisha McNeil pled guilty to two counts of class C forgery as a prior and persistent offender after signing a written plea petition recommending two concurrent ten-year sentences suspended with five years probation.
- The court accepted the pleas as knowing, voluntary, and intelligent and sentenced in accordance with the plea agreement.
- Movant violated probation and failed to appear at two scheduled revocation hearings (Oct. 3 and Oct. 31, 2013); a capias issued and she remained at large for over eight months.
- Movant was arrested on the capias on June 30, 2014; the court revoked probation and executed the previously suspended ten-year sentences.
- Movant filed a timely pro se Rule 24.035 motion, counsel was appointed, and an amended motion alleged plea counsel was ineffective for failing to inform Movant of a change in the State’s plea offer (ten-year suspended sentence versus Movant’s belief in a seven-year suspended sentence).
- The motion court denied relief without an evidentiary hearing, finding Movant’s claims refuted by the record; Movant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion court erred by denying Rule 24.035 relief without an evidentiary hearing on ineffective-assistance claim | McNeil: plea counsel failed to inform or timely inform her of the State’s changed plea recommendation before she entered guilty pleas | State: record refutes claim; Movant read plea petition, had chance to consult counsel, and pled knowingly and voluntarily | Appeal dismissed under the escape rule; court did not reach merits because Movant absconded and caused an >8-month delay that adversely affected the administration of justice |
Key Cases Cited
- State v. Troupe, 891 S.W.2d 808 (Mo. bnc. 1995) (establishes dismissal under escape rule where defendant’s flight causes adverse impact on administration of justice)
- Nichols v. State, 131 S.W.3d 863 (Mo. App. E.D. 2004) (applies escape rule to deny appeals and post-conviction relief when defendant willfully fails to appear)
- Fogle v. State, 99 S.W.3d 63 (Mo. App. E.D. 2003) (finding escape flouted court authority and adversely impacted administration of criminal justice)