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State of Missouri v. Marlo R. James
Date: 12-10-2024
Case Number: 2111-CC00702
Judge: Rbeca M. Navarro-McKelvey
Court: Circuit Court, St. Charles County, Missouri
Plaintiff's Attorney: St. Charles County, Missouri District Attorney's Office
Defendant's Attorney:
Click Here For The Best St. Charles Criminal Defense Lawyer Directory
Description:
On September 16, 2019 a St. Charles County police officer pulled over Marlo R. James after observing James fail to maintain his vehicle in a single lane while driving on the interstate. After James failed a field sobriety test, the officer placed him under arrest and then found the illegal drug fentanyl on his person and two loaded firearms in his car.
CRIMINAL PROCEDURE. POST-CONVICTION RELIEF. The case examines an appeal under Rule 24.035, where the appellant claimed ineffective assistance of plea counsel, alleging misinformation regarding sentencing expectations, specifically the promise of a 120-day drug treatment program upon entering a guilty plea.
CRIMINAL PROCEDURE. INEFFECTIVE ASSISTANCE OF COUNSEL. The court evaluated whether the plea counsel's alleged assurances about sentencing contradicted the defendant's understanding that the court retained ultimate sentencing discretion, affecting the voluntariness of the guilty plea.
CRIMINAL PROCEDURE. STANDARD OF REVIEW. The court applied the "clearly erroneous" standard to review the denial of post-conviction relief, affirming that the motion court's findings were not in error regarding the credibility of counsel's testimony over the appellant's.
Key Phrases - Post-conviction relief - Ineffective assistance of counsel - Rule 24.035 motion - Evidentiary hearing - Sentencing hearing
St. Charles, Missouri criminal defense lawyer represented the Defendant in a postconviction relief action.
On September 16, 2019 a St. Charles County police officer pulled over Marlo R. James after observing James fail to maintain his vehicle in a single lane while driving on the interstate. After James failed a field sobriety test, the officer placed him under arrest and then found the illegal drug fentanyl on his person and two loaded firearms in his car.
CRIMINAL PROCEDURE. POST-CONVICTION RELIEF. The case examines an appeal under Rule 24.035, where the appellant claimed ineffective assistance of plea counsel, alleging misinformation regarding sentencing expectations, specifically the promise of a 120-day drug treatment program upon entering a guilty plea.
CRIMINAL PROCEDURE. INEFFECTIVE ASSISTANCE OF COUNSEL. The court evaluated whether the plea counsel's alleged assurances about sentencing contradicted the defendant's understanding that the court retained ultimate sentencing discretion, affecting the voluntariness of the guilty plea.
CRIMINAL PROCEDURE. STANDARD OF REVIEW. The court applied the "clearly erroneous" standard to review the denial of post-conviction relief, affirming that the motion court's findings were not in error regarding the credibility of counsel's testimony over the appellant's.
Key Phrases - Post-conviction relief - Ineffective assistance of counsel - Rule 24.035 motion - Evidentiary hearing - Sentencing hearing
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Missouri v. Marlo R. James?
The outcome was: Affirmed
Which court heard State of Missouri v. Marlo R. James?
This case was heard in Circuit Court, St. Charles County, Missouri, MO. The presiding judge was Rbeca M. Navarro-McKelvey.
Who were the attorneys in State of Missouri v. Marlo R. James?
Plaintiff's attorney: St. Charles County, Missouri District Attorney's Office. Defendant's attorney: Click Here For The Best St. Charles Criminal Defense Lawyer Directory.
When was State of Missouri v. Marlo R. James decided?
This case was decided on December 10, 2024.