Missouri Court of Appeals, Southern District / Jan 23, 2020
MARQUIS D. ROBINSON, Appellant vs. STATE OF MISSOURI, Respondent
Marquis D. Robinson sought post-conviction relief under Rule 29.15, which the motion court denied. On appeal, the court found that Robinson's amended PCR motion was untimely, creating a presumption of abandonment by counsel. The motion court failed to conduct an independent inquiry into the abandonment issue or create a sufficient record for appellate review. The appellate court reversed the judgment and remanded the case with instructions for the motion court to conduct the required inquiry and make a proper record.