Missouri Court of Appeals, Eastern District / Mar 28, 2023
Donte McGary, Appellant, vs. State of Missouri, Respondent.
Donte McGary appealed the denial of his Rule 24.035 motion for post-conviction relief, which he filed after pleading guilty to murder and assault. His court-appointed counsel filed an amended motion beyond the statutory deadline, but the motion court denied relief without first conducting an inquiry into whether counsel had abandoned McGary. The appellate court reversed and remanded the case, holding that the motion court's failure to conduct the mandatory abandonment inquiry was reversible error, thus precluding a review of the merits of McGary's claims.