Criminal Law: Post-Conviction Relief-Timeliness Of Motion-Evidentiary Hearing

Where defendant appealed from the denial of post-conviction relief, the motion court clearly erred in dismissing the motion without an evidentiary hearing on the issue of timeliness.

Judgment is reversed.

Summers v. State (MLW No. 79937/Case No. ED110896 – 6 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Charles County, Pelikan, J. (John Appelbaum Jr. for appellant) (Evan J. Buchheim for respondent).