Missouri Court of Appeals, Eastern District / Oct 24, 2023
Dominique Kemper, Appellant, vs. State of Missouri, Respondent.
Dominique Kemper sought post-conviction relief under Rule 29.15 after his convictions for murder and other offenses were affirmed. His counsel filed an untimely amended motion, and the motion court conducted an abandonment inquiry, finding Kemper had been abandoned. The appellate court reversed, holding that an abandonment inquiry is only proper when counsel has been formally appointed, which did not occur in this case. The court remanded the case for the motion court to adjudicate only Kemper's timely filed pro se motion.