Missouri Postconviction Motions and Other Remedies
In Missouri, the postconviction rules are intended to provide defendants with an opportunity to seek a review of their case in the sentencing court. The basis of a postconviction motion is the contention that the conviction or the sentence imposed in some way violates state or federal laws or the constitutional rights of the defendant.
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After a criminal defendant has pled guilty or been convicted and has not prevailed on appeal, the conviction or sentence can be challenged on several points in a postconviction motion, including:
- Ineffective trial and/or appellate counsel
- Jurisdiction matters
- Sentences in excess of the maximum authorized by law
The process of seeking postconviction review and relief can be extremely complex, requiring an almost encyclopedic knowledge of the legal issues involved. This process also requires a significant investment in research and preparation, as they require us to accurately recreate what the trial and/or appellate counsel or court actually did, and then to make a precise presentation of the steps that should have been taken but were not.
If you or a family member received ineffective legal counsel in a criminal trial or appellate proceeding, or you are an attorney seeking experienced representation for a client with postconviction relief needs, contact our offices in Columbia, Missouri, today.
Habeas Corpus and Other Extraordinary Remedies
Missouri postconviction rules are intended to be the remedy for defendants who have not prevailed at trial or appeal. However, as with many rules, there are significant exceptions.
The writ of habeas corpus remains a viable remedy in many situations and applies especially to claims arising to newly discovered exculpatory evidence (that is, evidence that tends to support the defendant's innocence.)
Other extraordinary remedies include writs of:
- Certiorari questioning whether a court acted with its jurisdiction
- Prohibition preventing a court or official from exceeding its legal authority
- Quo Warranto addressing the qualifications of an official to hold authority
- Mandamus requiring a court or official to exercise that authority
- Injunction protecting a person's substantial rights against irreparable injury
Extraordinary remedies require exceptional knowledge and resources to properly pursue. For more information about these or other possible postconviction solutions like clemency, commutation, and pardons, contact the experienced attorneys at the Columbia offices of Legal Writes today.
Legal Writes, LLC
601 W. Nifong Blvd
Building 1, Suite C
Columbia, Missouri 65203
Toll free: (888) 875-1571 • E-mail
Phone: (573) 875-1571 • Fax: (573) 875-1572
From offices in Columbia, Legal Writes, LLC, serves clients throughout Missouri in communities including: Kansas City, St. Louis, Jefferson City, Springfield, St. Joseph, Cape Girardeau, Joplin, Kirksville, Hannibal, Sikeston, Poplar Bluff, West Plains, Rolla, Sullivan, Farmington, Mexico, Warrenton, St. Charles, Union, Bowling Green, Chillicothe, Richmond, Blue Springs, Callaway County, Boone County, Saint Louis County, Warren County, Jefferson County, Franklin County, Jackson County, Lafayette County, Cole County, Miller County, Howard County, and St. Charles County.