Missouri Court of Appeals, Southern District / Date unavailable
KEVIN KELLY, Appellant v. STATE OF MISSOURI, Respondent
Kevin Kelly appealed the denial of his Rule 24.035 motion for post-conviction relief, arguing the motion was timely and that he received ineffective assistance of counsel. The appellate court found the motion court correctly determined the motion was untimely filed. Because a motion court lacks authority to review the merits of an untimely motion, the appellate court vacated the motion court's ruling and remanded the case with directions to dismiss Kelly's motion.