{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"david-andrew-borneman-movant","displayName":"DAVID ANDREW BORNEMAN, Movant-","totalCases":1},"cases":[{"caseId":"moappsd:sd35088:2018-07-13","opinionId":"7ab0b829-b49a-52a1-bf77-676a50e48db4","slug":"david-andrew-borneman-movant-appellant-v-state-of-missouri-respondent-res-d35088","caseName":"DAVID ANDREW BORNEMAN, Movant-Appellant,\nvs.\nSTATE OF MISSOURI, Respondent-Respondent.","caseNumber":"SD35088","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2018-07-13","year":2018,"display_summary":"David Andrew Borneman appealed the motion court's denial of his Rule 24.035 motion for post-conviction relief. He claimed ineffective assistance of plea counsel for erroneously advising him he would receive probation, and that the motion court erred by denying an oral motion to supplement his claim with an argument that his sentence exceeded the legal maximum. The appellate court affirmed the motion court's denial, finding no clear error in its credibility determination regarding counsel's advice and concluding that the attempt to add the sentence claim was time-barred.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","other","appellate-procedure","evidence"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=128113","detailUrl":"https://ott.law/missouri-courts/opinions/david-andrew-borneman-movant-appellant-v-state-of-missouri-respondent-res-d35088","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":40,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure","text: state of missouri","text: conviction","text: probation"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: evidence","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}