552 S.W.3d 790
Mo. Ct. App.2018Background
- Wolf was charged in 2011 with felony non-support of his minor child and pled guilty the same day under a plea petition stating his attorney had advised him on charges, lesser-included offenses, and defenses. The court suspended imposition and placed him on four years’ probation.
- In 2015 the State moved to revoke probation; Wolf admitted violations and waived a hearing. The court revoked probation and sentenced him to four years’ imprisonment.
- Wolf filed a pro se Rule 24.035 post-conviction motion alleging plea counsel was ineffective for failing to investigate and explain possible defenses; appointed counsel later amended the motion.
- The motion court denied relief without an evidentiary hearing, finding the claim refuted by the record; Wolf appealed.
- While the appeal was pending, Wolf absconded from supervision, a warrant issued, and he remained at large. The State moved to dismiss the appeal under the escape rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion court erred in denying Wolf’s ineffective-assistance-of-plea-counsel claim without an evidentiary hearing | Wolf: plea counsel failed to fully investigate and explain possible defenses, warranting an evidentiary hearing | State: the claim is refuted by the record (plea petition and colloquy) so no hearing required | Court: preliminary review found the merits baseless and the record refuted the claim; denial without hearing upheld via dismissal of appeal under escape rule |
| Whether the appeal should be dismissed because Wolf absconded (escape rule) | Wolf did not oppose dismissal (absent from record and at large) | State: absconding disentitles appellant to appellate review; dismissal appropriate | Court: applied escape rule and dismissed the appeal because Wolf absconded and had not been recaptured |
Key Cases Cited
- State v. Miller, 536 S.W.3d 374 (Mo. App. W.D. 2018) (discussing discretion to apply escape rule)
- State v. Carter, 523 S.W.3d 590 (Mo. App. W.D. 2017) (escape rule principles)
- Williams v. State, 526 S.W.3d 367 (Mo. App. E.D. 2017) (escape rule applies to post-conviction motions)
- Nichols v. State, 131 S.W.3d 863 (Mo. App. E.D. 2004) (applicability of escape rule to post-conviction relief)
- Ortega-Rodriguez v. United States, 507 U.S. 234 (U.S. 1993) (Supreme Court approval of dismissal when appellant is a fugitive)
- Molinaro v. New Jersey, 396 U.S. 365 (U.S. 1970) (escape disentitles defendant to appellate resources)
- State v. Wright, 763 S.W.2d 167 (Mo. App. W.D. 1988) (absconding defendants not rewarded by appeals)