Missouri Court of Appeals, Southern District / Dec 5, 2022
JUSTIN W. LAWRENCE, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Justin W. Lawrence appealed the dismissal of his Rule 24.035 post-conviction motion as untimely, arguing his plea counsel's incorrect advice constituted active interference. Lawrence contended counsel told him to wait until his 15-year sentence was executed before filing, which led to a three-year delay. The motion court dismissed the motion without an evidentiary hearing. The appellate court affirmed, holding that mere reliance on counsel's advice, without showing an attempt to timely file, does not meet the "active interference" exception, and the record refuted his claim of being misinformed about the filing deadline.