McKelvey v. State

GARY W. LYNCH, Presiding Judge.

Russell A. McKelvey (“Movant”) appeals the judgment granting his Rule 24.035 motion for post-conviction relief. 1 Finding that Movant has failed to raise or present any cognizable claim for appellate review under Rule 24.035(k), we affirm the motion court’s judgment.

Factual and Procedural Background

Movant was initially charged in Greene County Circuit Court case number 31307CF1893 (“the underlying criminal case”) by felony information with one count of the class B felony of assault of a law enforcement officer in the second degree, see § 565.082.1, RSMo…