Moxley v. State

Steven Duane Moxley (“Moxley”) appeals from a judgment denying his Rule 29.151 motion for post-conviction relief seeking to set aside his conviction for the Class C Felony of driving while intoxicated. Moxley claims that his trial counsel was ineffective for failing to cross examine a primary witness about prior criminal convictions, and that, as a result, he suffered prejudice. We find Moxley’s amended Rule 29.15 motion was not timely filed, however, meaning that the motion court was required to first make an independent inquiry into whether Moxley was abandoned by post-conviction counsel.…