Missouri Court of Appeals, Southern District / Nov 29, 2022
MICHAEL SHAWN LEE, Appellant vs. STATE OF MISSOURI, Respondent
Michael Shawn Lee appealed the motion court's dismissal of his Rule 29.15 amended motion for post-conviction relief without an evidentiary hearing. The motion court had found Lee abandoned his ineffective assistance of counsel claim by not raising it on direct appeal. The appellate court reversed and remanded, holding that ineffective assistance of counsel claims are not cognizable on direct appeal and thus cannot be abandoned by failing to raise them there. The court also noted the motion court's failure to issue required findings of fact and conclusions of law.