McElheny v. State

JAMES K. PREWITT, Judge.

John H. McElheny (“Movant”) appeals the denial of his Rule 29.15 motion for post-conviction relief following an eviden-tiary hearing. Movant was- convicted by a jury of second-degree murder and sentenced to a term of life imprisonment in 1997. On direct appeal, this court affirmed the conviction and sentence by per curiam order, and the mandate issued on August 31, 1998.

Movant timely filed a pro se Rule 29.15 motion and an in forma pauperis affidavit, alleging indigency. Movant’s request for appointed counsel was denied, and a hearing date was set. However, Movant did…