Missouri Court of Appeals, Southern District / Sep 11, 2019
CORNELIUS JUNIOR HARRIS, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Cornelius Junior Harris appealed the denial of his Rule 24.035 motion for post-conviction relief. The motion court denied the motion without conducting an abandonment inquiry, despite the amended motion being filed one day late. The appellate court reversed and remanded the case, holding that the untimely filing created a presumption of abandonment by appointed counsel, which required the motion court to conduct an independent inquiry.