Missouri Court of Appeals, Eastern District / Sep 15, 2020
Alonzo Showalter, Appellant, vs. State of Missouri, Respondent.
Alonzo Showalter appealed the denial of his Rule 24.035 post-conviction relief motion without an evidentiary hearing, arguing ineffective assistance of plea counsel. The appellate court did not reach the merits of his claim. Instead, it found that post-conviction counsel had untimely filed an amended motion, which raised a presumption of abandonment. Because the motion court failed to conduct an independent inquiry into whether Showalter was abandoned by counsel, the appellate court reversed the motion court's judgment and remanded the case for the required inquiry and further proceedings.