Missouri Court of Appeals, Western District / Jan 31, 2023
Nathaniel W. Osborn vs. State of Missouri
Nathaniel W. Osborn appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing his pro se motion was timely filed despite the circuit clerk's failure to retain the mailing envelope. The motion court denied his claims, finding the motion untimely and alternatively, that his claims lacked merit. The Western District of the Missouri Court of Appeals affirmed the motion court's denial, holding that Osborn was not prejudiced by the clerk's actions because the envelope was returned to him, making it available for his use as evidence.