Missouri Court of Appeals, Southern District / Sep 23, 2024
JAMES DARRON BEERBOWER, JR., Appellant v. STATE OF MISSOURI, Respondent
James Darron Beerbower, Jr. appealed the denial of his amended Rule 29.15 motion for post-conviction relief. The appellate court determined that Beerbower's post-conviction counsel was not appointed, meaning the abandonment doctrine did not apply to excuse the untimely filing of the amended motion. Consequently, the motion court lacked authority to rule on the merits of the untimely amended motion and failed to adjudicate claims from Beerbower's timely filed pro se motion. The appeal was dismissed for lack of a final, appealable judgment, and the case was remanded for further proceedings.