Pervis McAllister Missouri Cases

Pervis McAllister appealed the denial of his Rule 29.15 motion for post-conviction relief following convictions for child molestation, statutory sodomy, and statutory rape. He argued ineffective assistance of counsel for failing to challenge the sufficiency of evidence on certain counts and for failing to raise double jeopardy claims. The appellate court reversed and remanded for an evidentiary hearing on McAllister's claim that appellate counsel was ineffective for not challenging the sufficiency of evidence for first-degree statutory sodomy on Count IV. The court affirmed the denial of relief on all other points, finding sufficient evidence for Counts IX and X and no double jeopardy violation between child molestation and statutory rape.

Pervis McAllister appealed the denial of his Rule 29.15 motion for post-conviction relief. His post-conviction counsel filed an amended motion untimely, but the motion court merely stamped "Leave Granted" without conducting an independent inquiry into abandonment. The appellate court reversed the motion court's judgment, holding that an independent inquiry into abandonment is mandatory when an amended post-conviction motion is untimely, and a mere "rubber stamp" is insufficient to create a reviewable record.