Missouri Court of Appeals, Southern District / May 9, 2024
CLAYTON D. COUNTS, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Clayton D. Counts appealed the dismissal of his Rule 29.15 motion for post-conviction relief, which the motion court found untimely. Counts argued his late filing was excusable due to third-party interference from COVID-19 restrictions in prison and challenged the denial of his ineffective assistance of counsel claims. The appellate court affirmed the dismissal, concluding Counts failed to prove the third-party interference exception. The court also held that remand for findings of fact and conclusions of law was not required, as it would be useless given the lack of evidence supporting Counts's claims.