Missouri Court of Appeals, Eastern District / Mar 26, 2024
Gregory E. Saddler, Appellant, v. State of Missouri, Respondent.
Gregory Saddler appealed the denial of his Rule 29.15 amended motion for post-conviction relief. The motion court had deemed the untimely amended motion timely filed based on counsel's unsworn representations in a Sanders motion, finding abandonment. The appellate court reversed and remanded, holding that unsworn statements do not create a sufficient record to demonstrate that the motion court's abandonment determination is not clearly erroneous, and thus a proper independent abandonment inquiry was required.