Missouri Court of Appeals, Eastern District / Oct 19, 2021
Jerry A. Harley, Appellant, vs. State of Missouri, Respondent.
Jerry Allen Harley, Jr. appealed the denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. He argued ineffective assistance of plea counsel and that the motion court erred by not conducting an abandonment inquiry after his appointed counsel filed an untimely amended motion. The appellate court reversed and remanded the case, holding that the motion court was required to conduct an independent abandonment inquiry due to the untimely filing of the amended motion, and declined to address the ineffective assistance claim.