Lowell Clyde Milner Missouri Cases

Lowell Clyde Milner appealed the dismissal of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing, after his appointed counsel filed an amended motion untimely. The motion court had dismissed Milner's pro se motion without conducting an independent inquiry into whether counsel's untimely filing constituted abandonment. The Supreme Court of Missouri reversed the motion court's judgment. The case was remanded with instructions for the motion court to make an independent inquiry to determine if Milner was abandoned by counsel, as the untimely filing created a presumption of abandonment.