Missouri Court of Appeals, Southern District / Apr 2, 2019
ANDREW LUKE LEMASTERS, Defendant-Appellant v. STATE OF MISSOURI, Plaintiff-Respondent
Andrew Luke Lemasters appealed the denial of his Rule 29.15 motion for post-conviction relief, which alleged ineffective assistance of counsel following his conviction for statutory sodomy. The motion court had treated his pro se motion as timely filed despite its late submission, finding third-party interference. The appellate court reversed and remanded, holding that Lemasters' pro se motion was untimely and failed to properly plead the third-party interference exception, thus waiving his claims and requiring dismissal.