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Derron A. White vs. State of Missouri

Decision date: November 10, 2020WD83247

Parties & Roles

Appellant
Derron A. White
Respondent
State of Missouri

Judges

Opinion Author
Anthony Rex Gabbert
Trial Court Judge
Derron A·William B

Disposition

Mixed outcome

  • {"type":"reversed","scope":"denial of Rule 29.15 motion","subject":"post-conviction relief"}
  • {"type":"remanded","scope":"case","subject":"abandonment inquiry"}

Procedural posture: Appeal from the denial of a Rule 29.15 motion for post-conviction relief

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View Original on courts.mo.gov

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Authorities Cited

Statutes, rules, and cases referenced in this opinion.

Rules

Cases

Holdings

Issue-specific holdings extracted from the court's opinion.

AI-generated

  1. Issue: Whether the motion court erred in failing to conduct an abandonment inquiry when an amended Rule 29.15 motion was untimely filed and no extension was granted on the record.

    Yes, the motion court was under a duty to make an independent inquiry to determine if abandonment occurred, and the case must be remanded for such an inquiry.

    Standard of review: clearly erroneous

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