Missouri Court of Appeals, Eastern District / Feb 16, 2021
Gregory Anderson, Appellant, vs. State of Missouri, Respondent.
Gregory Anderson appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing the motion court erred in denying claims from his untimely amended motion. The appellate court noted that the motion court found no abandonment by post-conviction counsel but failed to conduct the mandatory independent inquiry into whether abandonment occurred, which is required when an amended motion is untimely. Citing precedent, the court held that an inadequate record of such an inquiry compels reversal and remand. Therefore, the judgment was reversed, and the case was remanded for the motion court to conduct the necessary independent inquiry.