Missouri Court of Appeals, Southern District / Feb 20, 2019
BILLIE JOE BORSCHNACK, Movant-Appellant vs. STATE OF MISSOURI, Respondent-Respondent
Billie Joe Borschnack appealed the denial of his Rule 29.15 motion for postconviction relief, which the motion court found untimely. The motion court had also determined that appointed counsel abandoned Movant. The appellate court reversed the judgment and remanded the case, holding that the record was insufficient to allow for appellate review of the motion court's abandonment determination, which is necessary to assess the timeliness of the amended motion.