KENNETH M. SAUTER, JR., Movant- Missouri Cases

Kenneth Sauter appealed the denial of his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. The appellate court determined that Sauter's amended motion was untimely due to appointed counsel's error in applying the wrong version of the rules, constituting abandonment. However, following recent precedent, the court proceeded to review the merits of his ineffective assistance of counsel claims. The court affirmed the motion court's denial of relief, finding no clear error in its conclusion that sentencing counsel was not ineffective for failing to call two mitigation witnesses, as their testimony would not have added material information beyond the sentencing assessment report.