Supreme Court of Missouri
Charles K. Moore, Appellant v. State of Missouri, Respondent
April 14, 20152015 Mo. LEXIS 28
Summary
The Court held that an untimely amended post-conviction motion creates a presumption that appointed counsel abandoned the movant, requiring the motion court to conduct an independent inquiry before adjudicating the amended motion. Because no such inquiry occurred, the Court reversed and remanded for that inquiry, without reaching the merits of the ineffective-assistance claims. Judge Fischer concurred separately to emphasize that post-conviction deadlines are mandatory, while Judge Wilson, dissenting, would have affirmed because the motion court's merits ruling was not clearly erroneous and a remand would serve no purpose.