Section 31.1 Post-Conviction Relief Generally

• Library: Criminal Practice 2012 Supp

A. (§31.1) Post-Conviction Relief Generally

The purpose of post-conviction relief is to correct those defects in a “final” criminal proceeding that are so severe that the conviction or sentence is void. The object of any post-conviction remedy is to discover in a reliable manner those cases in which a defendant has suffered a genuine deprivation of constitutional rights. See John M. Morris, Postconviction Practice Under the “New 27.26,” 43 J. MoBar 435, 440 (1987). The Supreme Court of Missouri has stated that “Rule 29.15 motions have the dual purpose of adjudicating claims concerning the validity of the trial court’s jurisdiction and the legality of the conviction or sentence while avoiding delay in the processing of prisoners’ claims and preventing the litigation of stale claims.” Wilkes v. State, 82 S.W.3d 925, 929 (Mo. banc 2002). There is no constitutional right to post-conviction review. Day v. State, 770 S.W.2d 692, 693 (Mo. banc 1989), cert. denied, 493 U.S. 866 (1989); Bremmer v....