Missouri Court of Appeals, Southern District / Jan 5, 2022
JOSEPH A. SMILEY, Appellant vs. STATE OF MISSOURI, Respondent
Joseph A. Smiley appealed the motion court's denial of his Rule 29.15 amended motion for post-conviction relief. The appellate court found that the motion court lacked authority to grant a 60-day extension for filing the amended motion, making the motion untimely. Because the motion court failed to conduct an independent abandonment inquiry as required for untimely motions, the appellate court reversed the judgment and remanded the case for such an inquiry.