Missouri Court of Appeals, Western District / Jun 28, 2019
Matthew H. Coy vs. State of Missouri
Matthew H. Coy appealed the circuit court's dismissal of his pro se Rule 24.035 motion for post-conviction relief, which the court found untimely. Coy, who claimed indigence, had requested counsel but none was appointed before dismissal. The appellate court reversed the dismissal and remanded the case, holding that a motion court must appoint counsel for an indigent movant in a Rule 24.035 motion, even if the motion is facially untimely, to allow counsel to raise potential exceptions to filing deadlines.