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State v. Evans4/22/1999
ing independent evidence to prove the corpus delecti (sic) . . . ."
After examination of both Defendant's original Rule 29.15 motion and his first amended Rule 29.15 motion we conclude the claim of error in Defendant's seventh point was presented in neither of them. While Defendant claimed in his motions that trial counsel was ineffective for various reasons, he made no reference to trial counsel's decision not to object to the admission of Defendant's hearsay statement on the basis that the corpus delicti had not first been proven up.
All grounds for relief not listed in a Rule 29.15 motion are waived. Rule 29.15(d), Missouri Court Rules (1996); State v. Johnson, 968 S.W.2d 686, 696 (Mo. banc 1998). "The effect of Rule 29.15(d) is to bar all claims not raised in a timely filed pleading." Mullins, 897 S.W.2d at 231. "A point raised on appeal after a denial of a post-conviction motion can be considered only to the extent that the point was raised in the motion before the trial court." Id. "The point cannot be raised for the first time on appeal." Id. Further, " lain error review is not available to post-conviction claims not raised in the motion court." Burns v. State, 964 S.W.2d 548, 551 (Mo.App. 1998). "An appellate court is without jurisdiction to consider an issue not raised before the motion court." Mullins, 897 S.W.2d at 231. Because it appears for the first time here on appeal, Defendant's seventh, and final, point of error is denied.
The judgment of the trial court in appeal 20540 is affirmed. The order of the motion court in appeal 22505 is affirmed.
Separate Opinion:
None
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Missouri DUI Attorneys
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