Where a defendant challenged the denial of post-conviction relief, the amended motion filed by post-conviction counsel was untimely, so the court clearly erred in failing to conduct an abandonment inquiry.
Judgment is reversed and remanded.
McAllister v. State (MLW No. 74962/Case No. ED107945 – 5 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Louis County, Vincent III, J. (Alexandria Shah for appellant) (Richard Starnes for respondent).