Missouri Court of Appeals, Western District / Jul 25, 2023
John Kirby vs. State of Missouri
John Kirby appealed the motion court's dismissal of his amended motion for post-conviction relief under Rule 24.035, which was dismissed without an evidentiary hearing and lacked required findings of fact and conclusions of law. The motion court dismissed the case pursuant to a local rule. The appellate court affirmed the judgment, holding that Kirby failed to preserve his points for appeal by not filing a motion to amend the judgment under Rule 78.07(c) to request the missing findings.