Missouri Court of Appeals, 2003

Mayberry v. State

Mayberry v. State
Missouri Court of Appeals · Decided May 20, 2003 · Hardwick, Howard, Lowenstein
104 S.W.3d 804; 2003 Mo. App. LEXIS 730; 2003 WL 21154202 (South Western Reporter, Third Series)

Mayberry v. State

Opinion of the Court

Order

PER CURIAM.

Fentress D. Mayberry appeals the motion court’s denial of his Rule 24.035 motion without a hearing. Mayberry contends the motion court erred in denying his Rule 24.035 motion as untimely filed because he pleaded factual allegations that demonstrate that he made a good faith effort to file a timely motion and that the late filing of his motion was due to the circuit court’s failure to file-stamp the motion in a timely manner. Mayberry further contends the motion court erred in denying his Rule 24.035 motion without an evidentiary hearing because he alleged that plea counsel failed to act as a reasonably competent attorney by misleading him to believe that Mayberry’s mother thought he should plead guilty, and therefore his guilty plea was not entered knowingly and voluntarily.

Affirmed. Rule 84.16(b).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.