Missouri Court of Appeals, Western District / May 7, 2019
Terry Gale Ashley vs. State of Missouri
Terry Ashley appealed the dismissal of his pro se Rule 24.035 motion for post-conviction relief, which the motion court found untimely. The appellate court affirmed the dismissal, holding that the version of Rule 24.035 applicable to Ashley's case required the motion to be filed within 180 days of his delivery to the Department of Corrections, not from the date of a later corrected judgment. The court further clarified that the State cannot waive the mandatory time limits for filing such motions.