Missouri Court of Appeals, Southern District / Date unavailable
STATE OF MISSOURI, Respondent v. BRYAN C. KEATHLEY, Appellant
Bryan C. Keathley appealed the circuit court's dismissal of his second Rule 29.07(d) motion to set aside his conviction and withdraw his pleas, which was dismissed on res judicata grounds. Keathley argued that res judicata does not apply to Rule 29.07(d) motions because they do not explicitly bar successive petitions, and that his first motion was dismissed without prejudice. The appellate court affirmed, holding that the omission of a bar on successive motions does not prevent res judicata, and that the prior judgment was an adjudication on the merits, not a dismissal without prejudice.