Missouri Court of Appeals, Eastern District / Sep 15, 2020
Ross Randolph, Appellant, vs. State of Missouri, Respondent.
Ross Randolph pleaded guilty to felony charges and was sentenced to 25 years. He subsequently filed an untimely pro se Rule 24.035 motion for post-conviction relief, along with a forma pauperis affidavit. The motion court dismissed his motion without appointing post-conviction counsel. The appellate court reversed, holding that the motion court clearly erred by dismissing the motion without first appointing counsel, as required by Rule 24.035(e) for indigent movants, even if the motion is facially untimely.