Missouri Court of Appeals, Southern District / Nov 27, 2024
MICHAEL EUGENE SNEED, Appellant v. STATE OF MISSOURI, Respondent
Michael Eugene Sneed appealed the motion court's denial of his Rule 29.15 motion for post-conviction relief, arguing ineffective assistance of counsel. Sneed had prematurely filed a pro se motion, then withdrew it, and never refiled it within the mandatory 90-day deadline after the appellate mandate. The appellate court determined that Sneed's withdrawal constituted a voluntary dismissal, rendering his subsequent motion, filed by counsel 102 days after the mandate, untimely. Consequently, the court vacated the motion court's order and directed the dismissal of Sneed's case.