Missouri Court of Appeals, Southern District / Feb 25, 2022
CARL LEE JACKSON, Appellant vs. STATE OF MISSOURI, Respondent
Carl Lee Jackson appealed the motion court's denial of his amended Rule 29.15 motion for post-conviction relief, arguing ineffective assistance of counsel. The appellate court did not reach the merits of his claim, instead vacating the motion court's judgment and remanding the case for dismissal. The court held that Jackson failed to plead and prove that his pro se Rule 29.15 motion was timely filed, and that a voluntarily dismissed, prematurely filed motion cannot be reinstated to make a later, untimely filing timely.