David Glenn Latham Missouri Cases

David Glenn Latham appealed the motion court's judgment overruling his motion for postconviction relief, arguing his postconviction counsel abandoned him by filing a statement in lieu of an amended motion beyond the Rule 24.035(g) deadline. The Supreme Court of Missouri reversed and remanded, holding that postconviction counsel's failure to file either an amended motion or a statement in lieu of an amended motion within the 60-day deadline creates a presumption of abandonment. The Court instructed the motion court to conduct an abandonment hearing to determine if Latham was actually abandoned and to apply appropriate remedies, including potentially appointing new counsel or treating the late-filed statement as timely.