What Is a Rule 29.15 Motion in Missouri?
After a criminal conviction in Missouri, some individuals may still have legal options available even after sentencing or a direct appeal. One of the most important post-conviction remedies is a Rule 29.15 motion.
Rule 29.15 allows certain individuals convicted after trial to challenge their conviction or sentence based on constitutional violations, ineffective assistance of counsel, or other serious legal errors. These motions are separate from a direct appeal and follow strict procedural rules and deadlines.
At Ernst Law LLC, we represent clients throughout Missouri in criminal appeals and post-conviction relief matters.
What Is Rule 29.15?
Missouri Supreme Court Rule 29.15 is the primary post-conviction relief procedure for individuals convicted after a trial.
A Rule 29.15 motion allows a defendant to argue that:
constitutional rights were violated,
trial counsel was ineffective,
prosecutorial misconduct occurred,
important evidence was improperly handled,
or another legal error resulted in an unfair conviction or sentence.
Unlike a Missouri criminal appeal, a Rule 29.15 motions are typically filed in and heard by the trial court, rather than an appellate court.
Common Grounds for a Rule 29.15 Motion
Every case is different, but common claims may include:
ineffective assistance of counsel,
failure to investigate evidence,
failure to call witnesses,
improper plea advice,
sentencing errors,
or constitutional violations.
Many Rule 29.15 motions focus on whether defense counsel’s performance fell below constitutional standards and whether that failure affected the outcome of the case.
Who Can File a Rule 29.15 Motion?
Rule 29.15 generally applies to individuals who were convicted after a trial and seek post-conviction relief after sentencing or appeal.
Different procedures may apply depending on whether a direct appeal was filed.
Individuals who pleaded guilty may, instead, need to pursue relief under Rule 24.035.
Rule 29.15 Filing Deadlines
Missouri imposes strict deadlines for post-conviction motions.
Missing a filing deadline can permanently bar a claim. The applicable deadline may depend on:
whether a direct appeal was filed,
when the appellate mandate was issued,
and the procedural posture of the case.
Because these deadlines are strictly enforced, individuals considering post-conviction relief should speak with an attorney as early as possible.
Difference Between a Direct Appeal and Post-Conviction Relief
A direct appeal focuses primarily on legal errors reflected in the trial court record.
By contrast, post-conviction relief allows constitutional claims to be raised, including ineffective assistance of counsel claims that are often not fully developed on direct appeal.
Some individuals pursue post-conviction relief after an unsuccessful direct appeal, while others may still have appellate options available depending on the status of their case.
What Happens After Filing?
After a Rule 29.15 motion is filed, the court may:
review the pleadings,
order additional briefing,
hold an evidentiary hearing,
or deny the motion without a hearing in certain situations.
If an evidentiary hearing is granted, witnesses may testify and additional evidence may be presented regarding the claims raised in the motion.
Why Experienced Legal Representation Matters
Post-conviction litigation is highly procedural and often involves complex constitutional issues, strict deadlines, and detailed factual investigation.
Ernst Law LLC represents clients throughout Missouri in:
criminal appeals,
Rule 29.15 motions,
Rule 24.035 motions,
and other post-conviction matters.
To learn more about Missouri post-conviction relief options, visit our post-conviction relief page.
