State of Missouri, Respondent-Respondent/Cross- Missouri Cases

Shawn C. Hanna, convicted of murder, sought Rule 29.15 post-conviction relief, alleging ineffective assistance of counsel for failing to investigate and call a crucial witness. The motion court partially granted relief, finding counsel ineffective for not presenting a witness whose testimony regarding the time of the shooting would have provided a viable defense. The State appealed this partial grant, and Hanna cross-appealed the denial of other claims. The appellate court affirmed the motion court's partial grant of relief, which included a new trial, and consequently did not address Hanna's cross-appeal.

Arlie R. Lewis appealed the denial of his amended post-conviction motion, while the State cross-appealed, arguing the motion court failed to conduct a proper abandonment inquiry. Lewis's post-conviction counsel filed the amended motion three days late, along with an unsworn Sanders motion. The motion court granted Lewis's motion in part, but the appellate court found the record insufficient to demonstrate an independent abandonment inquiry. The court reversed and remanded the case for the motion court to make a sufficient record of an independent abandonment inquiry.