Demetrius L. Davis Missouri Cases

Demetrius L. Davis appealed the motion court's denial of his amended Rule 29.15 motion for post-conviction relief. The State argued the motion court erred in reviewing Davis's untimely amended motion after finding he was abandoned by unappointed post-conviction counsel. The appellate court agreed, holding that the abandonment doctrine applies only to appointed counsel, not counsel who voluntarily entered an appearance. Therefore, the motion court lacked authority to review the untimely amended motion and should have only reviewed the timely filed pro se motion. The appeal was dismissed for lack of a final judgment, and the case was remanded for adjudication of the pro se claims.