Missouri Court of Appeals, Southern District / Mar 30, 2017
ARLIE R. LEWIS, Movant-Appellant/Cross-Respondent v. STATE OF MISSOURI, Respondent-Respondent/Cross-Appellant
Arlie R. Lewis appealed the denial of his amended post-conviction motion, while the State cross-appealed, arguing the motion court failed to conduct a proper abandonment inquiry. Lewis's post-conviction counsel filed the amended motion three days late, along with an unsworn Sanders motion. The motion court granted Lewis's motion in part, but the appellate court found the record insufficient to demonstrate an independent abandonment inquiry. The court reversed and remanded the case for the motion court to make a sufficient record of an independent abandonment inquiry.