Webber asserts that Wheat and its progeny should no longer be followed because it was decided under a prior version of Rule 29.15 in which waiver applied due to time constraints and because its plain language reading of Rule 29.15 has been effectively overruled by subsequent decisions. Under the version of Rule 29.15 in effect when Wheat was decided, a person seeking relief was required to file a motion to vacate using Criminal Procedure Form 40. Wheat, 775 S.W.2d at 157. If an appeal of the judgment sought to be vacated was.taken, the motion was required to be filed within thirty days after the filing of the transcript in the appeal. Id- The current deadline for filing a post-conviction motion under Rule 29.15 is no later than ninety days after the-date the appellate cour S.D. 1999) (<HOLDING>). Mr. Webber asserts that the Missouri Supreme
holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate recognizing a constitutional claim for ineffective assistance of counsel