Appeals & Post-Conviction
Post-Conviction Relief in Missouri
When the problem with your case is something outside the trial record, like a lawyer who failed you, post-conviction motions under Rule 29.15 and Rule 24.035 are the way to raise it. The deadlines are strict.
What post-conviction relief is
A separate path for the problems an appeal cannot reach.
A direct appeal is limited to errors that appear in the trial record. But some of the most serious problems, like a defense lawyer who did not investigate, did not advise you properly, or failed to protect your rights, happen off the record. Post-conviction relief is a separate proceeding built to raise exactly those issues after a conviction becomes final.
Missouri’s two rules
Which rule applies depends on how your case ended
Rule 29.15: after a trial
If you were convicted after a trial, Rule 29.15 is the vehicle to challenge the conviction or sentence on grounds outside the direct appeal, including ineffective assistance of counsel.
Rule 24.035: after a guilty plea
If you pleaded guilty, Rule 24.035 is the corresponding path, for example where a plea was not made knowingly and voluntarily, or counsel’s advice fell short.
Strict deadlines, real claims
The clock is short and unforgiving
Post-conviction deadlines are strict, and they are different from, and can be shorter than, the deadline for a direct appeal. Missing the window can bar the claim for good. Common grounds we raise include:
- Ineffective assistance of counsel that changed the outcome of your case.
- A guilty plea that was not knowing or voluntary.
- Failure to investigate or call available witnesses.
- Advice that misled you about the consequences of a plea.
- Constitutional violations that could not be raised on direct appeal.
How we handle these cases
Building a record of what went wrong
A fresh set of eyes
Because these motions often question the last lawyer’s work, bringing in new counsel matters. We review the case independently, without defending anyone’s prior decisions.
Develop the evidence
Unlike an appeal, post-conviction proceedings can involve new evidence and testimony. We investigate and build the record the trial did not have.
Move quickly
With deadlines this strict, we act fast to preserve your rights before the window closes.
Answers
Post-conviction questions we hear often
How is this different from a direct appeal?
A direct appeal is limited to errors in the trial record. Post-conviction relief raises issues outside the record, most often ineffective assistance of counsel, and can involve new evidence. Many cases pursue both, in sequence.
What is ineffective assistance of counsel?
It is a claim that your lawyer’s performance fell below what the Constitution requires and that it affected the outcome of your case. It is one of the most common grounds for post-conviction relief.
Do I need a different lawyer for this?
Almost always. Because these motions frequently challenge the previous lawyer’s work, it takes independent counsel to evaluate the case honestly and raise the claim.
How long do I have to file?
The deadlines under Rule 29.15 and Rule 24.035 are strict and can be short, and they differ from the appeal deadline. Because a missed deadline can end the case, it is important to reach out right away.
Talk to us about your case
If your lawyer let you down, there may still be a path.
Post-conviction deadlines move fast. If you are considering a Rule 29.15 or 24.035 motion, reach out now. You can reach us by phone 24/7.
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