Most Missouri felony cases end in a guilty plea, and many people assume that a plea closes every door. It does not. Rule 24.035 is the procedure for challenging a felony conviction entered on a guilty plea, most often because the plea was not truly knowing and voluntary or because a lawyer’s advice fell short. It is also strict, and it runs on a short clock.
This guide covers Rule 24.035 as amended effective July 1, 2023. If you were convicted after a trial instead, see our Rule 29.15 guide.
The basics
What is a Rule 24.035 motion?
A Rule 24.035 motion asks the court that sentenced you to vacate, set aside, or correct a felony conviction or sentence that followed a guilty plea. It is filed in that same circuit court.
What it can raise
Claims that the conviction or sentence violates the Missouri or U.S. Constitution or Missouri law, including ineffective assistance of counsel, a court acting without jurisdiction, or a sentence above the legal maximum.
The only route in that court
For these claims, Rule 24.035 is the exclusive procedure in the sentencing court. If the claim belongs in a Rule 24.035 motion, that is where it has to go.
The part that decides everything
What is the deadline to file a Rule 24.035 motion?
Under the current rule, the deadline depends on whether the judgment was appealed.
If there was no appeal
The motion is due within 180 days of the date your sentence was entered. After a guilty plea, this is the situation most people are in.
If there was an appeal
The motion is due within 90 days after the appellate court issues its mandate affirming the judgment.
A motion sent by first-class U.S. Mail, correctly addressed with enough postage and mailed on or before the last day, counts as timely. A late motion is a complete waiver of the right to proceed under Rule 24.035 and of every claim that could have been raised in it.
Rule 24.035 was amended effective July 1, 2023, and the version that governs a case is generally the one in effect on the date of sentencing. Some guidance still online describes the older rule. If you were sentenced before July 2023, confirm which version applies to you.
After a plea
What claims can you raise after pleading guilty?
A plea waives a great deal, including the right to make the State prove its case. What it does not waive is the requirement that the plea itself be knowing and voluntary, and the right to competent advice in deciding whether to enter it.
- A plea that was not knowing or voluntary. For example, a plea entered without understanding the charge, the rights being given up, or the sentence that could follow.
- Misadvice about the consequences. Advice about the sentence, parole eligibility, or other consequences that was wrong and that you relied on in deciding to plead.
- Failure to investigate. A lawyer who did not look into a defense, a witness, or evidence that would have changed the decision to plead.
- Promises or pressure. A plea induced by a promise that was not kept or by pressure that overrode your own choice.
- An illegal sentence or no jurisdiction. A sentence above the legal maximum, or a court without authority to impose it.
For an ineffective assistance claim after a plea, the question is generally whether counsel’s performance fell below the constitutional standard and whether, without the errors, you would not have pleaded guilty and would have gone to trial. Regret about the outcome is not enough on its own. Our ineffective assistance guide explains the standard in detail.
The record you made
Why does the plea hearing transcript matter so much?
When you pleaded guilty, the judge almost certainly asked you questions on the record: whether you understood the charge, whether anyone promised you anything, whether you were satisfied with your lawyer.
It is compared against your claim
The court can deny a Rule 24.035 motion without a hearing if the motion and the files and records of the case conclusively show you are not entitled to relief. In plea cases, the plea transcript is usually the first record the court looks at.
It does not always end the claim
A general answer that you were satisfied with counsel does not necessarily refute a specific claim you could not have known about at the time, such as a defense your lawyer never investigated. How the claim is framed against the transcript matters.
This is one reason the amended motion stage matters. The claims have to be pleaded with specific facts that the plea record does not already refute.
The process
What happens after a Rule 24.035 motion is filed?
The steps track Rule 29.15 closely. In short:
- Filing. The motion is filed with the clerk of the sentencing court, substantially in the form of Criminal Procedure Form No. 40, with no filing fee or cost deposit.
- Transcript. The clerk has the court reporter prepare the transcript of the guilty plea and sentencing hearing if it is not already filed.
- Counsel. If you filed on your own and cannot afford a lawyer, the court must appoint counsel within 30 days.
- Amended motion. Counsel files an amended motion, or a statement explaining why none is needed, generally within 120 days. The court cannot extend that deadline.
- Response, hearing, findings. The State responds, the court decides whether a hearing is needed, and it must issue written findings of fact and conclusions of law either way.
- Appeal. Either side can appeal the ruling, and the appellate court reviews it for clear error.
Every known claim must be in the motion, and the circuit court will not hear a second one. Our Rule 29.15 guide walks through each step in more detail.
Answers
Rule 24.035 questions we hear
Can I challenge my conviction if I pleaded guilty in Missouri?
Yes, in limited ways. A Rule 24.035 motion can challenge a felony conviction entered on a guilty plea, most often on the ground that the plea was not knowing and voluntary or that counsel’s advice was deficient.
How long do I have to file a Rule 24.035 motion?
Under the current rule, 180 days from the date your sentence was entered if there was no appeal, or 90 days after the appellate court’s mandate if there was one. Which version of the rule applies generally depends on your sentencing date.
What is the difference between Rule 24.035 and Rule 29.15?
Rule 24.035 applies to felony convictions entered on a guilty plea. Rule 29.15 applies to felony convictions after a trial. The deadlines and procedures are nearly identical, but the rule you file under is set by how your case ended.
I told the judge I was satisfied with my lawyer. Can I still file?
Possibly. The court will compare your claim against what was said at the plea hearing, and a claim the record conclusively refutes can be denied without a hearing. But a general statement of satisfaction does not necessarily defeat a specific claim about something you did not know at the time.
If my motion is granted, do I go free?
Not necessarily. If the court finds a constitutional violation or an illegal sentence, it vacates the judgment and then orders what fits: discharge, resentencing, a new trial, or a corrected judgment. Often the practical result is that the case returns to where it was before the plea.
Can I file more than one Rule 24.035 motion?
No. The circuit court will not hear successive motions, so every known claim has to be in the first one.
Talk to us
A plea is not always the end of the road.
If you pleaded guilty and believe the advice you got was wrong, reach out. We will look at the plea record and tell you honestly where you stand, including where you are on the deadline.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri Supreme Court Rule 24.035 as amended effective July 1, 2023, not legal advice, and it does not create an attorney-client relationship. The version of the rule and the deadline that apply in any particular case depend on that case.
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