Missouri Court of Appeals, Eastern District / Dec 13, 2022
John Brewer, Appellant, vs. State of Missouri, Respondent.
John Brewer appealed the denial of his Rule 29.15 amended motion for post-conviction relief, arguing ineffective assistance of counsel. The appellate court, however, first addressed a timeliness issue with Brewer's amended motion. The court found that the motion court lacked authority to grant an extension to file the amended motion after the initial deadline had passed, rendering Brewer's amended motion untimely. Consequently, the appellate court reversed the judgment and remanded the case for the motion court to conduct an abandonment inquiry.