David L. Ross Missouri Cases

David L. Ross appealed the denial of his pro se Rule 24.035 motion for post-conviction relief, arguing that COVID-19 restrictions excused its untimely filing. The motion court found the motion untimely, not excused, and that it lacked authority to consider the merits. The appellate court affirmed these findings but modified the motion court's judgment from a denial to a dismissal, as the motion court lacked jurisdiction to rule on the merits.

David L. Ross appealed the denial of his Rule 24.035 motion for postconviction relief without an evidentiary hearing. The circuit court's judgment lacked findings of fact and conclusions of law regarding the timeliness of Ross's pro se and amended motions, which Ross attributed to COVID-19 pandemic protocols. The Eastern District reversed and remanded, holding that the circuit court erred by failing to issue the required findings and conclusions on timeliness, and that none of the exceptions to the remand requirement applied.