Gene E. Dudley v. State of Missouri

Gene Dudley, Jr., appeals, following an evidentiary hearing, the denial of his Rule 24.035 1 motion for post-conviction relief. Dudley claims that plea counsel was ineffective for failing to call Dudley’s father as a witness in mitigation at sentencing. But because Dudley failed to timely file his Rule 24.035 motion, or plead and prove any justification for the untimely filing, he waived his right to seek post-conviction relief. The untimely nature of Dudley’s motion deprived the motion court of authority to review the motion on its merits, and the motion should have been dismissed.…