Missouri Court of Appeals, Eastern District / Apr 19, 2022
Jason D. Palmer, Appellant, v. State of Missouri, Respondent.
Jason Palmer appealed the denial of his Rule 24.035 motion for postconviction relief without an evidentiary hearing. Palmer's pro se motion was filed untimely, but he argued the late filing should be excused because the circuit court failed to inform him of the time limitations. The appellate court vacated the judgment, holding that Palmer's motion was untimely because his delivery to a CODS program triggered the 180-day filing period, and the circuit court's failure to inform him of his rights did not excuse the untimeliness in the absence of active misinformation. The case was remanded with directions to dismiss Palmer's motion.