WESLEY HATMON, Movant- Missouri Cases

Wesley Hatmon appealed the denial of his Rule 24.035 motion for post-conviction relief, arguing the motion court erred by finding no abandonment by counsel and ruling on the merits of an untimely amended motion. This was the second appeal in the proceeding, following a prior remand for an independent inquiry into abandonment. The appellate court vacated the motion court's order, holding that it clearly erred by conflating the abandonment analysis with the Strickland prejudice analysis, which led it to improperly rule on the merits of the untimely motion. The case was remanded for the motion court to properly determine abandonment and then adjudicate either the amended motion or the initial pro se motion accordingly.