Where counsel’s untimely motion raised a presumption of abandonment, the trial court’s failure to conduct a Moore abandonment inquiry required reversal and remand of the denial of defendant’s motion.
Judgment is reversed and remanded.
Oliphant v. State (MLW No. 72212/Case No SD35397 – 2 pages) (Missouri Court of Appeals, Southern District, Francis, J.) Appealed from Circuit Court, Dallas County (Lisa C. Henderson, J.) (Casey Taylor for appellant; Julia Neidhardt for respondent)