Missouri Court of Appeals, Western District / Nov 24, 2020
Norris E. Payne, Jr. vs. State of Missouri
Norris E. Payne, Jr. appealed the denial of his Rule 24.035 motion for post-conviction relief. The motion court had denied the motion on its merits, but the appellate court found that Payne's pro se motion was filed four days late under the version of Rule 24.035 applicable at the time. Consequently, the appellate court vacated the motion court's judgment, holding that the motion court lacked authority to consider the merits of an untimely filed motion. The case was remanded with directions to dismiss Payne's motion as untimely.