Missouri Court of Appeals, Eastern District / Jun 23, 2020
Andre Mitchell, Appellant, v. State of Missouri, Respondent.
Andre Mitchell appealed the dismissal of his Rule 24.035 motion for post-conviction relief, arguing his untimely filing should be excused due to third-party interference. The motion court dismissed his motion without an evidentiary hearing because it was filed one day late. The appellate court affirmed, holding that Mitchell waived his right to proceed under Rule 24.035 by failing to allege facts supporting the exception in his motions, and his counsel's actions did not constitute abandonment.