Missouri Court of Appeals, Eastern District / Aug 18, 2020
Brian M. Martin, Appellant, vs. State of Missouri, Respondent.
Brian M. Martin appealed the partial grant of his Rule 24.035 motion for post-conviction relief. His appointed counsel filed an amended motion beyond the statutory deadline, and the record did not show that counsel's request for an extension of time was explicitly granted by the motion court. The appellate court reversed and remanded the case, holding that the motion court had a duty to conduct an inquiry into whether the late filing constituted abandonment by post-conviction counsel, as extensions are not presumed without a record thereof.