Missouri Court of Appeals, Southern District Digest: Jan. 17, 2022

Appellate Practice

Rule 84.04

Inadequate Brief

Where appellant filed a petition against the Department of Revenue in a dispute over a driver’s license and later appealed the dismissal of the petition, the appellant’s pro se brief was inadequate and failed to comply with Rule 84.04, so the appeal is dismissed.

Appeal is dismissed.

Brumbaugh v. Zellers (MLW No. 77765/Case No. SD37170 – 3 pages) (Missouri Court of Appeals, Southern District, Francis, J.) Appealed from circuit court, Webster County, Hendrickson, J. (James Herman Klahr, Jefferson City, for respondent) (Appellant, pro se).

https://www.courts.mo.gov/file.jsp?id=183153

Criminal Law

Post-Conviction Relief

Abandonment

Where a defendant challenged the denial of his amended motion for post-conviction relief, the amended motion was not timely filed, and the motion court did not conduct an independent abandonment inquiry, so the judgment is reversed and remanded.

Judgment is reversed and remanded with directions.

Smiley v. State (MLW No. 77785/Case No. SD37012 – 3 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Greene County, Holden, J. (Rosemary Ellen McGonagle Percival, Kansas City, MO for appellant) (Karen Louise Kramer, Jefferson City, for respondent).

https://www.courts.mo.gov/file.jsp?id=183186