Criminal Law

Editor:
Ellen H. Flottman, Esquire

Claims of ineffective assistance of postconviction counsel are categorically unreviewable. Yarberry v. State, No. 31468 (Mo. App. S.D., August 13, 2012), Francis Jr., J.

Defendant appealed the denial of his Rule 24.035 motion for postconviction relief. In addition to his challenge of ineffective assistance of guilty plea counsel, he alleged that his postconviction counsel was ineffective for failure to raise certain claims, citing Martinez v. Ryan, 132 S.Ct. 1309 (2012).

Held: Affirmed.
  


Claim that Defendant was improperly denied release on probation was not reviewable in a postconviction motion. Woods v. State, No. 31401 (Mo. App. S.D., August 6, 2012), per curiam.

Defendant appealed the denial of his Rule 24.035 motion for postconviction relief. The motion court gratuitously determined it would address the merits of the claims “as though Movant had sought a writ of mandamus,” recognizing that errors relating to the denial of probation are not cognizable in postconviction.

Held: Dismissed.