526 S.W.3d 367
Mo. Ct. App.2017Background
- Williams pled guilty (blind plea) to receiving stolen property after burglary charge was dismissed; sentencing was continued to July 15, 2013 so he could complete school.
- Williams arrived late to the sentencing hearing, saw people being taken into custody, left the courtroom, and a capias was issued when he failed to appear on time.
- Williams remained at large for approximately two years; he was arrested in Louisiana and extradited to Missouri.
- After recapture, Williams sought to withdraw his plea (Rule 29.07(d)) and later filed a Rule 24.035 post-conviction motion alleging ineffective assistance of plea counsel for poor advice about consequences of a blind plea.
- The motion court denied post-conviction relief without an evidentiary hearing; Williams appealed the denial.
- The State invoked the judicially-created "escape rule," arguing Williams’s two-year absence constituted a willful escape that adversely affected the criminal justice system.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the escape rule bars Williams’s appeal of his post-conviction claim | Williams argued his absence was justified (caring for family, schooling, lawful conduct) and should not bar review of ineffective-assistance claims | State argued Williams willfully absconded for ~2 years after a capias issued, causing adverse impact on the criminal justice system and invoking the escape rule | Appeal dismissed under the escape rule for Williams’s ~2-year absence; court did not reach merits |
Key Cases Cited
- Nichols v. State, 131 S.W.3d 863 (Mo. App. E.D. 2004) (escape rule applies to appeals and post-conviction motions; willful failure to appear can invoke rule)
- State v. Troupe, 891 S.W.2d 808 (Mo. banc 1995) (delay over eight months from escape necessarily adversely affects the criminal justice system; escape rule dismissal appropriate)
- Parsons v. State, 383 S.W.3d 71 (Mo. App. E.D. 2012) (describing escape rule as judicially created doctrine denying appeal rights to those who escape)
- McNeil v. State, 514 S.W.3d 63 (Mo. App. E.D. 2017) (post-conviction appeal dismissed where movant absconded for eight months; proffered reasons for absence did not preclude application of escape rule)