Brian Mann, Movant/Appellant v. State of Missouri

Introduction

Brian Mann (Movant) appeals the judgment of the Circuit Court of the City of St. Louis denying his Rule 29.15 motion for post-conviction relief. In his sole point on appeal, Movant claims that the motion court clearly erred by denying his post-conviction motion without an evidentiary hearing because he pleaded facts unrefut-ed by the record that trial counsel was ineffective for failing to retain a blood splatter expert, whose testimony would have enhanced Movant’s alibi defense. Because the amended motion was untimely filed and the motion court made no independent “abandonment”…