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Criminal Law-Post-Conviction Relief-Abandonment by Counsel

Staff Report//March 18, 2026//

Criminal Law-Post-Conviction Relief-Abandonment by Counsel

Staff Report//March 18, 2026//

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The parties cross-appealed the trial court’s partial grant of movant’s amended post-conviction motion.

Where the record failed to demonstrate that the trial court had adequately inquired into whether post-conviction counsel had abandoned movant by filing an untimely amended motion, the court reversed and remanded for further development record of an independent abandonment inquiry.

Judgment is reversed and remanded.

Lewis v. State (MLW No. 84494/Case No. SD38920 & SD39258 – 7 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Dunklin County, Scherer, J. (Maleaner Ryna Harvey, St. Louis for appellant) (Dora A. Fichter, Jefferson City for respondent)

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