Missouri Court of Appeals, Southern District / Jul 29, 2020
WESLEY L. HATMON, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Wesley L. Hatmon appealed the denial of his Rule 24.035 post-conviction relief motion, which was denied following an evidentiary hearing on an untimely amended motion. The appellate court reversed and remanded the case, noting that both parties agreed the amended motion was untimely. The court held that an untimely amended motion by post-conviction counsel creates a presumption of abandonment, requiring the motion court to conduct an independent inquiry into whether the movant was actually abandoned.