Section 27.11 Examination of Defendant as to Post-Conviction Relief and Assistance of Counsel

• Library: Criminal Practice 2012 Supp

2. (§27.11) Examination of Defendant as to Post-Conviction Relief and Assistance of Counsel

At the conclusion of the final sentencing, the court is to advise the defendant of the right to post-conviction relief under Rule 24.035 or Rule 29.15. Rule 24.035 is applicable if the defendant pled guilty to a felony, and Rule 29.15 is applicable if the defendant was found guilty of a felony after a trial. Rule 29.07(b)(4). Generally the court will advise the defendant of the grounds on which a motion may be filed and the time limitation for filing the motion. The grounds for filing include allegations that:

· the conviction or sentence violates the Constitution or laws of the state of Missouri or of the United States;

· assistance of counsel at the trial or appellate level was ineffective;

· the court was without jurisdiction to impose...