PATRICK ELLSWOOD, Movant- Missouri Cases

Patrick Ellswood appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing his appellate counsel was ineffective for failing to claim the trial court erred by denying his request for a second psychiatric examination. The motion court found that Ellswood had waived his request for a second mental evaluation. The appellate court affirmed the motion court's denial, concluding that Ellswood's actions, including withdrawing unresolved motions, constituted a waiver of his statutory right to a second mental examination, and therefore, appellate counsel was not ineffective for failing to raise a waived issue.