State v. Zweifel

SMITH, Presiding Judge.

This case reaches the writer on reassignment. The case involves application of the doctrines established in Hemphill v. State, 566 S.W.2d 200 (Mo. banc 1978) upon a claim of ineffective assistance of counsel on appeal. In that case the Supreme Court held that a claim of ineffective assistance of counsel on appeal was not cognizable on a motion under Rule 27.26 in the trial court.

“Relief from defects in proceedings before the appellate courts are beyond the scope of the remedy and such relief should be sought only in the appellate court of rendition and there by motion…