Missouri Court of Appeals, Southern District / Apr 21, 2021
RICK L. McCARTNEY, Appellant vs. STATE OF MISSOURI, Respondent
Rick L. McCartney appealed the motion court's denial of his pro se Rule 24.035 post-conviction relief motion, which was dismissed as untimely. McCartney had entered an Alford guilty plea to assault and armed criminal action charges. The appellate court reversed the motion court's judgment, holding that it was clear error to deny the pro se motion as untimely before the deadline for filing an amended PCR motion had expired, thus preempting McCartney's opportunity to plead an exception-to-timeliness claim.