The State Post-Conviction Process. Part Two - What Issues are Raised:

In our last entry we examined the general parameters of the State post-conviction process.  In this entry, we will summarize what issues post-conviction lawyers look to raise most when crafting "29.15" motions in Missouri and "1507" motions in Kansas.

Most post-conviction attorneys are combing the files and transcripts of a case to ferret out "ineffective assistance of counsel" claims.  These are allegations lodged by the convicted client who contends that his or her trial (or guilty-plea) counsel made poor decisions and other errors during their involvement in the case.

The most famous precedent establishing this standard for evaluating "whether trial counsel was competent" is Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).  The Strickland case sets forth a two-part test:  (1) Did counsel perform deficiently, i.e., make errors other lawyers in the community would not have made?  (2) Did those errors affect the outcome of the trial or the sentence?  Both parts of the test must be satisfied in order for an inmate to be entitled to post-conviction relief.

The fact that a defendant followed his attorney’s advice to plead guilty does not circumvent or negate the Strickland test.  If counsel's mis-advice was so poor as to render the guilty plea "unknowing or involuntary," then relief can also be granted.

Defense counsel’s strategic decisions are usually accorded great deference, but only if they are made after a thorough investigation.  The failure to pursue even a single piece of important evidence, however, may demonstrate ineffectiveness and prejudice sufficient to warrant a new trial. 

Just how the Strickland test may apply to your case, or that of a loved one, is a complex analysis.  Do not hesitate.  There are time deadlines limiting when these claims can

be raised.  If you wish to learn more about the process now, please call this office immediately.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

The State Post-Conviction Process. Part One - Where to Start:

In previous entries, we examined the "direct appeal" process.  However, losing one's direct appeal does not mean all hope for overturning a conviction, or reducing a lengthy sentence, is lost.  Instead, a defendant's case can often be re-opened and the fight for justice can continue, in the post-conviction process.  In this entry, we will summarize aspects of that process as it exists in the state courts of Kansas and Missouri. 

The state post-conviction process officially commences with the filing of a "motion," which is brief much like what was filed in the appellate courts, except that in this brief, rather than argue that the judge or prosecutor made errors, the defendant now argues that his or her conviction or sentence attached because of errors or omissions by the defense lawyer, leaving the defendant with less than adequate representation.  In Kansas, post-conviction motions are governed by Kansas Statute 60-1507, and must be filed within a year of the defendant losing his or her direct appeal.  In Missouri the motion must comply with Missouri Supreme Court Rule 29.15 (if there was a trial) or Rule 24.035 (if there was instead a guilty plea).  Missouri's time deadlines are more complicated than that in Kansas, and shorter.  Basically, the defendant must file his or her post-conviction motion within 180 days of being "delivered to the Department of Corrections."  There are conviction or sentence attached because of errors or omissions by the defense lawyer, leaving the defendant with less than adequate representation.  In Kansas, post-conviction motions are governed by Kansas Statute 60-1507, and must be filed within a year of the defendant losing his or her direct appeal.  In Missouri the motion must comply with Missouri Supreme Court Rule 29.15 (if there was a trial) or Rule 24.035 (if there was instead a guilty plea).  Missouri's time deadlines are more complicated than that in Kansas, and shorter.  Basically, the defendant must file his or her post-conviction motion within 180 days of being "delivered to the Department of Corrections."  There are many factors and exceptions at play in calculating a Missouri post-conviction filing deadline, too numerous to discuss here. 

Just how a lawyer goes about deciding what to include in a post-conviction motion will be addressed in our next entry.  But if you would prefer not to wait, and wish to learn more about the process now, please call this office immediately. 

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him for a FREE initial consultation.