Section 10.15 Limitations on Relief

• Library: App Ct Prac 2015 Supp

6. (§10.15) Limitations on Relief

The circuit court will not entertain successive motions under Rule 24.035(l). Additionally, a defendant who has jumped bond between the plea of guilty and sentencing or who has escaped after sentencing waives the right to proceed by either appeal or motion to vacate. See State v. Thomas, 792 S.W.2d 66 (Mo. App. E.D. 1990). The “escape rule,” however, cannot be used to prevent seeking relief from alleged error occurring after the defendant’s return to custody. Robinson v. State, 854 S.W.2d 393 (Mo. banc 1993).

Motions to vacate are not vehicles to relitigate the defendant’s guilt or to present newly discovered evidence, Wilson v. State, 813 S.W.2d 833 (Mo. banc 1991), or to challenge the effectiveness of counsel at a probation revocation hearing, Wood v. State, 853 S.W.2d 369 (Mo. App. E.D. 1993). Postconviction motions cannot be used as a substitute for direct appeal or to obtain a second appellate review. See State v. Redman, 916 S.W.2d 787, 793 (Mo. banc 1996).

A plea of guilty waives most constitutional violations, and they become relevant only insofar as they affect the voluntariness and the understanding with which the plea is entered. Tollett v. Henderson, 411 U.S. 258 (1973). Even the adequacy of representation of counsel is immaterial except to the extent that it bears on the voluntariness and understanding of the plea and its consequences. Flowers v. State, 632 S.W.2d 307 (Mo. App. S.D. 1982). Thus, a defendant is bound by his or her plea unless the defendant can show that...