Missouri Court of Appeals, Southern District / Mar 8, 2022
KENNETH STEWART, Appellant vs. STATE OF MISSOURI, Respondent
Kenneth Stewart appealed the motion court's denial of his Rule 29.15 motion for post-conviction relief. He argued his motion was timely filed despite a later file stamp and that his trial counsel provided ineffective assistance by failing to call a witness. The appellate court affirmed the denial, finding the timeliness point moot because the motion was timely under the mailbox rule, and concluding that Stewart failed to prove his ineffective assistance of counsel claim.