Missouri Court of Appeals, Eastern District / Aug 16, 2022
Donald Hornsey, Appellant, vs. State of Missouri, Respondent.
Donald Hornsey appealed the denial of his amended Rule 29.15 motion for post-conviction relief. The motion court denied the amended motion after an evidentiary hearing, but had failed to rule on Movant's first timely request for an extension to file the amended motion, instead granting a later, untimely second request. The appellate court reversed the motion court's judgment and remanded the case for an independent inquiry into whether Movant was abandoned by his appointed post-conviction counsel, finding the amended motion was untimely filed.