Missouri Court of Appeals, Western District / Apr 28, 2020
Brandon James Gilkey vs. State of Missouri
Brandon James Gilkey appealed the denial and dismissal of his post-conviction relief motion, which challenged his conviction for failing to register as a sex offender. The motion court had dismissed Gilkey's pro se motion as untimely before his appointed counsel had an opportunity to file an amended motion within the Rule 29.15 time limits. The appellate court reversed and remanded, holding that the motion court clearly erred by prematurely ruling on the motion, thereby depriving Gilkey of counsel's expertise to address the timeliness issue.