BILLIE J. BORSCHNACK, Movant- Missouri Cases

Billie J. Borschnack appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing that appointed counsel abandoned him, which would make his retained counsel's subsequent amended motion timely. The motion court found no abandonment because the public defender's office was never effectively notified of the appointment. The appellate court affirmed the motion court's judgment, holding that without effective notice, there was no abandonment by appointed counsel, and thus the retained counsel's amended motion was untimely. Consequently, Borschnack's initial pro se motion, which contained only a conclusory allegation, was properly denied.