Missouri Court of Appeals, Southern District / Dec 10, 2019
CEBRON CORDELL FINLEY, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Movant Cebron Cordell Finley filed a motion to recall mandate in his post-conviction relief case, asserting that a newly discovered letter from trial counsel contradicted counsel's testimony at the evidentiary hearing. The letter indicated a 15-year plea offer and counsel's belief that the evidence only supported a lesser charge, which was contrary to counsel's prior testimony. The appellate court recalled its mandate, vacated its previous summary order and the motion court's judgment denying post-conviction relief. The case was remanded to the motion court with directions to reopen the evidentiary hearing to consider the newly available corroborating evidence.