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Defendant appealed the denial of his motion for post-conviction relief. Defendant had alleged that his direct appellate counsel was ineffective for failing to challenge the trial court’s denial of defendant’s motion to suppress his statements to police and the overruling of defendant’s objections to evidence regarding those statements. Defendant argued that his purported waiver of his rights was not voluntary due to his age, lack of education, and cognitive limitations.
Where defendant’s post-conviction motion was not timely filed under the applicable version of the statute, the court remanded for the trial court to conduct an abandonment inquiry.
Judgment is reversed, case remanded.
Courtois v. State (MLW No. 79583/Case No. SD37328 – 6 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Greene County, Holden, J. (Arthur Ellis Allen, Columbia, for appellant) (Richard Anthony Starnes, Jefferson City, for respondent)
