Missouri Court of Appeals, Eastern District / Sep 10, 2024
Michael L. Smith, Appellant, v. State of Missouri, Respondent.
Michael L. Smith appealed the motion court's denial of his amended Rule 29.15 motion for post-conviction relief, which alleged ineffective assistance of counsel. The appellate court determined that Smith's amended motion was untimely filed, triggering a presumption of abandonment by post-conviction counsel. Because the motion court failed to conduct the mandatory abandonment inquiry, the appellate court reversed the judgment and remanded the case for the inquiry to be performed.