Legal Opinion

BRIAN GREEN, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent.

Missouri Court of Appeals

Decided December 23, 2015No. SD33569PublishedCited by 6 opinions

1Opinion of the Court

GARY W. LYNCH, J.—Opinion author

Brian Green (“Movant”) appeals the denial of his Rule 29.15 post-conviction mo tion alleging ineffective assistance of counsel in two respects. 1 Because Movant failed to timely file his pro se motion as required by Rule 29.15(b), however, he has waived the claims he now asserts on appeal. Accordingly, we vacate the judgment and remand the cause with directions to dismiss Movant’s pro se motion as untimely.

Factual and Procedural Background

Following a jury trial, Movant was found guilty of one count of first-degree statutory sodomy, see section 566.062, RSMo…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Charles K. Moore v. State of MissouriSupreme Court of Missouri · 2015
  2. Dorris v. StateSupreme Court of Missouri · 2012
  3. Price v. StateSupreme Court of Missouri · 2014
  4. Mark D. Vogl v. State of MissouriSupreme Court of Missouri · 2014
  5. Michael S. Federhofer v. State of MissouriMissouri Court of Appeals · 2015

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3Cited by6 opinions

  1. Henson v. StateMissouri Court of Appeals · 2017
  2. Brooks v. StateMissouri Court of Appeals · 2017
  3. Danial M. Rinehart v. State of MissouriMissouri Court of Appeals · 2016
  4. Smith v. StateMissouri Court of Appeals · 2017
  5. Andre Mitchell v. State of MissouriMissouri Court of Appeals · 2020

1 more not listed; retrieve them via the Exa API.

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