Missouri Court of Appeals, Eastern District / Jul 20, 2021
Mortez Cleaves, Appellant, vs. State of Missouri, Respondent.
Mortez Cleaves appealed the motion court's denial of his amended Rule 24.035 motion for post-conviction relief without an evidentiary hearing. He argued the motion court failed to conduct an independent inquiry into whether his counsel abandoned him by untimely filing an amended motion. The appellate court reversed and remanded the case, holding that the motion court was obligated to conduct an independent inquiry and make factual determinations regarding the abandonment issue when an amended motion is filed beyond the deadline. The court did not address Cleaves' second point regarding the failure to provide an evidentiary hearing.