Missouri Court of Appeals, Southern District / Sep 17, 2021
TIMOTHY P. CABLE, Appellant vs. STATE OF MISSOURI, Respondent
Timothy P. Cable appealed the motion court's denial of his abandonment motion, which sought to excuse the late filing of his pro se Rule 29.15 post-conviction relief motion. Cable argued the motion court violated his due process rights by disregarding established post-conviction procedure. The appellate court affirmed, holding that the due process claim was unpreserved for review and, even if preserved, lacked merit because the absence of legal assistance does not justify an untimely filing of an original PCR motion.