BRIAN L. MCDANIEL Missouri Cases

Brian L. McDaniel appealed the motion court's denial of his Rule 29.15 post-conviction relief motion, which sought to set aside his first-degree murder conviction. The motion court had found McDaniel was abandoned by counsel and treated his initial PCR motion as timely, then denied relief on the merits. The appellate court vacated the motion court's judgment, holding that McDaniel's initial PCR motion was untimely filed over nine years after the direct appeal mandate, and neither the abandonment exception nor the third-party interference exception applied to excuse the late filing. The case was remanded with directions to dismiss both the initial and amended PCR motions as untimely.