Missouri Court of Appeals, Southern District / Aug 12, 2022
RICK LEE MCCARTNEY, Appellant v. STATE OF MISSOURI, Respondent
Rick Lee McCartney appealed the dismissal of his pro se Rule 24.035 motion seeking to set aside his guilty pleas, which the motion court found untimely. McCartney claimed that COVID-19 restrictions at the prison constituted circumstances beyond his control, justifying the late filing. The appellate court affirmed the motion court's judgment, holding that McCartney failed to prove any recognized exception to the timeliness requirement, as he did not demonstrate he had prepared the motion before the deadline or that the delay was solely caused by COVID-19 restrictions.