Criminal Law: Post-Conviction Relief-Abandonment-Effectiveness Of Counsel

Where a defendant challenged the denial of his motion for post-conviction relief, arguing that his counsel was ineffective for failing to request an instruction on a lesser-included offense, a presumption of abandonment was raised by the untimely filing of the amended post-conviction motion, so the matter is reversed and remanded for the abandonment inquiry.

Judgment is reversed and remanded.

Nickels v. State (MLW No. 79907/Case No. ED110571 – 6 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis City, McGraugh, J. (Nina McDonnell for appellant) (Alex D. Beezley for respondent).