McElheny v. State

John McElheny (“Movant”) was charged with the class A felony of murder in the first degree. Following a jury trial, he was found guilty of murder in the second degree and sentenced to a term of life imprisonment. His conviction was affirmed on appeal in August 1998. Movant, thereafter, pursuant to Rule 29.151 filed a motion for post-conviction relief.. The motion court denied relief, and Movant appeals. We reverse and remand.

Movant was informed by the trial court at his sentencing hearing that “an attorney would be appointed” pursuant to Rule *86229.15if he “file[d][his] own motion and [was]…