Missouri Court of Appeals, Eastern District / Aug 1, 2023
Timothy Waldorf, Appellant, vs. State of Missouri, Respondent.
Timothy Waldorf appealed the motion court's denial of his Rule 24.035 motion for postconviction relief without an evidentiary hearing. Waldorf had pleaded guilty to stealing, burglary, and property damage, and argued his plea counsel was ineffective for failing to investigate a material witness and security footage. The appellate court affirmed, concluding that Waldorf failed to plead facts demonstrating he was prejudiced by counsel's actions, as the alleged exculpatory video evidence would have been deleted before counsel's appearance in the case.