Legal Opinion

Welch v. State

Missouri Court of Appeals

Decided June 26, 2018No. ED 105821Published

1Opinion of the CourtPhilip M. Hess, Judge

Introduction

Keith L. Welch appeals the denial of his Rule 24.0351 motion for post-conviction relief without an evidentiary hearing. Welch's sole point on appeal is his plea counsel was ineffective for leading him to believe he could receive 120-days' shock incarceration or treatment under § 559.1152 or a minimum of five years' imprisonment when neither was a possibility under Missouri law given the nature of his convictions. The motion court denied the motion without an evidentiary hearing, finding Welch's claims were refuted by the record. Specifically, the motion court found Welch's claims…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Zink v. StateSupreme Court of Missouri · 2009
  3. State v. BrooksSupreme Court of Missouri · 1997
  4. Barnett v. StateSupreme Court of Missouri · 2003
  5. Barry v. StateSupreme Court of Missouri · 1993

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