Stanley Barber Missouri Cases

Stanley Barber appealed the denial of his Rule 24.035 motion, arguing his plea counsel was ineffective for failing to advise him of a statute of limitations defense to a felony stealing charge, which became a misdemeanor under State v. Bazell, and for failing to object to an untimely amended charge of felony receiving stolen property. The trial court had denied the motion, concluding counsel was not ineffective and Barber was not prejudiced. The Western District reversed and remanded, holding that counsel's failure to advise Barber of the valid statute of limitations defense to both the original and amended charges constituted ineffective assistance, rendering his guilty plea unknowing and prejudicing him.