Court of Appeals of Missouri, Western District, First Division
February 25, 2014
MICHAEL LIMLEY, Appellant,
STATE OF MISSOURI, Respondent
Appeal fro the Circuit Court of Buchanan County, Missouri. The Honorable Patrick K. Robb, Judge.
Laura G. Martin, District Defender, Kansas City, MO, Attorney for Appellant.
Chris Koster, Attorney General, Jennifer A. Rodewald, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.
Before Division One: Cynthia L. Martin, Presiding Judge, and Mark D. Pfeiffer and Karen King Mitchell, Judges. Division One: Martin, P.J., and Pfeiffer and Mitchell, JJ., CONCURRING.
Michael Limley appeals the motion court's denial, following an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. Limley sought to vacate his conviction of second-degree (felony) murder on the ground that his plea counsel provided ineffective assistance in both misleading him as to the sentence he would receive and failing to obtain and provide to Limley discovery received from the State. In addition to the claims raised below, Limley asserts on appeal that he was abandoned by post-conviction counsel in that the amended motion filed on Limley's behalf was so patently defective that it amounted to a nullity. The motion court denied Limley's motion, finding that his plea and sentencing testimony was more credible than the testimony he provided at the evidentiary hearing. We affirm. Rule 84.16(b).