Criminal Law: Post-Conviction Relief-Abandonment Inquiry

Staff Report//July 9, 2026//

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Defendant appealed the denial of his motion for post-conviction relief. After defendant filed a pro se motion, the trial court appointed counsel, which failed to file an amended motion within the deadline. Counsel moved for leave to file a late motion, alleging that she received the full case file, which included over 2200 pages, ten days before the deadline. The trial court, after finding that defendant was abandoned by counsel, granted the motion to permit the untimely amended motion.

Where the record was insufficient to evaluate whether the trial court conducted an independent inquiry into whether counsel abandoned defendant by filing an untimely amended motion, the court reversed and remanded for further proceedings.

Judgment is reversed and remanded.

Butler v. State (MLW No. 84949/Case No. ED113628 – 9 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from circuit court, City of St. Louis, Higgins, J. (Maleaner Harvey for appellant) (Alex Beezley for respondent)