McNeal v. State

Full title: Harry J. McNEAL, Jr., Appellant, v. STATE of Missouri, Respondent.

Court: Missouri Court of Appeals, Western District.

Date published: Oct 2, 2012

380 S.W.3d 654 (Mo. Ct. App. 2012)

Opinion

No. WD 74159.

2012-10-2

Harry J. McNEAL, Jr., Appellant, v. STATE of Missouri, Respondent.

Appeal from the Circuit Court of Jackson County, Missouri, Brian C. Wimes, Judge. Susan L. Hogan, Appellate Defender, Kansas City, MO, for Appellant. Chris Koster, Attorney General, Dora A. Fichter, Assistant Attorney General, Jefferson City, MO, for Respondent.

PER CURIAM:

Appeal from the Circuit Court of Jackson County, Missouri, Brian C. Wimes, Judge.
Susan L. Hogan, Appellate Defender, Kansas City, MO, for Appellant.Chris Koster, Attorney General, Dora A. Fichter, Assistant Attorney General, Jefferson City, MO, for Respondent.
Before Division Three: VICTOR C. HOWARD, Presiding Judge, and KAREN KING MITCHELL and CYNTHIA L. MARTIN, Judges.

Order

Harry McNeal appeals the denial, after an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. McNeal argues that counsel provided ineffective assistance by failing to file a motion to dismiss his case on the theory that the seventeen-year delay between the crime and his indictment resulted in a violation of his right to due process pursuant to the Fifth Amendment. We affirm. Rule 84.16(b).