Musgrove v. State

567 S.W.3d 237
CourtMissouri Court of Appeals
DecidedDecember 19, 2018
DocketNo. SD 35241
StatusPublished
Cited by1 cases

This text of 567 S.W.3d 237 (Musgrove v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Musgrove v. State, 567 S.W.3d 237 (Mo. Ct. App. 2018).

Opinion

MARY W. SHEFFIELD, J.

Joshua David Musgrove ("Movant") appeals the motion court's dismissal of his amended Rule 24.035 motion for post-conviction relief without an evidentiary hearing.1 In two points on appeal, Movant argues the motion court clearly erred in: (1) "dismissing [Movant's] Rule 24.035 motion without a hearing, by invoking the escape rule to bar his claims for postconviction relief" in that "[t]he escape rule should not apply to [Movant], because [Movant's] escape did not adversely affect the criminal justice system, since he was recaptured four days later[;]" and (2) failing to address Movant's claim that plea counsel was ineffective for coercing Movant to enter an Alford plea.2 Finding that Movant did adversely affect the criminal justice system, thereby invoking the escape rule, the motion court's order dismissing Movant's amended motion is affirmed.

Background

In February 2016, Movant entered an Alford plea to two felony charges and received two sentences: one of twenty years and one of four years, to run concurrently with each other. The plea court suspended the execution of those sentences and placed Movant on probation for five years.

On September 29, 2016, a probation violation hearing was held. Movant's probation officer testified that since Movant was placed on probation, Movant had three law violations - shoplifted at Wal-Mart, convicted of forgery, and committed assault - and one citation for using marijuana. Finding *239that Movant had violated the terms and conditions of his probation, the court revoked Movant's probation and ordered that his previously imposed sentences be executed.

On that same day, after Movant was transported back to the jail from court to await transportation to the Missouri Department of Corrections to begin serving his sentences, Movant escaped custody and fled. On September 30, 2016, the day after Movant's probation was revoked, a warrant was issued for Movant's arrest. On October 2, 2016, four days after Movant escaped, that warrant was served and Movant was recaptured.

Thereafter, Movant timely filed a pro se motion for post-conviction relief, which he timely amended with the assistance of appointed counsel. The motion court dismissed Movant's amended motion, finding that Movant was not entitled to postconviction relief because the "escape rule applies in this case." In support of the escape rule, the motion court found that:

Movant's escape did adversely affect the criminal justice system. He obviously was selectively abiding by this Court's decisions, trying to determine of which laws to avail himself, law enforcement personnel had to expend countless unnecessary hours searching for Movant while he was out of custody on his escape, and he fractured the respect for the criminal justice system when he escaped, putting other jail staff as well as inmates in danger due to his careless and illegal actions. Movant is flouting the authority of the courts from which he is seeking relief; the escape rule prevents this.

This timely appeal followed.

Standard of Review

"We review the motion court's dismissal of a post-conviction relief motion only to determine whether the motion court's findings and conclusions are clearly erroneous." Patterson v. State , 164 S.W.3d 546, 548 (Mo. App. E.D. 2005).

Discussion and Decision

Movant's first point claims the "motion court clearly erred in dismissing [Movant's] Rule 24.035 motion without a hearing, by invoking the escape rule to bar his claims for postconviction relief" in that "[t]he escape rule should not apply to [Movant], because [Movant's] escape did not adversely affect the criminal justice system, since he was recaptured four days later."

"The escape rule is a judicially-created doctrine that operates to deny the right of appeal to a criminal defendant who escapes justice." Crawley v. State , 155 S.W.3d 836, 837 (Mo. App. E.D. 2005). The escape rule applies to alleged errors that occur before a defendant's escape. State v. Kelsall , 545 S.W.3d 355, 357 (Mo. App. S.D. 2018). "Whether to apply the escape rule is discretionary." Echols v. State , 168 S.W.3d 448, 451 (Mo. App. W.D. 2005).

The escape rule applies to appeals arising from the disposition of Rule 29.15 and Rule 24.035 motions, as well as direct appeals. Pargo v. State , 191 S.W.3d 693, 698 (Mo. App. S.D. 2006). "In post-conviction cases, the escape rule has been invoked both to dismiss appeals where the motion court reached the merits of the movant's claim and to affirm the motion court's dismissal of a motion based on its own application of the rule." Echols , 168 S.W.3d at 451. Application of the escape rule "does not violate a defendant's constitutional rights because neither a right to appeal a conviction nor a right to a state post-conviction proceeding exists." Id.

*240In determining whether to apply the escape rule, the relevant inquiry is whether the defendant's escape adversely affects the criminal justice system. Kelsall , 545 S.W.3d at 357. The justifications for the escape rule include: (1) the need for a court to have control over a defendant before making a decision on appeal; (2) curtailment of administrative problems caused by the defendant's absence; (3) preventing prejudice to the State in the event of remand for a new trial; (4) preventing defendants from selectively abiding by court decisions; (5) discouraging escape; (6) encouraging voluntary surrender; (7) preserving respect for the criminal justice system; and (8) promoting the dignified operation of the appellate courts. State v. Brown , 974 S.W.2d 630, 632 (Mo. App. S.D. 1998).

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Cite This Page — Counsel Stack

Bluebook (online)
567 S.W.3d 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musgrove-v-state-moctapp-2018.