Where a defendant challenged the denial of post-conviction relief, the amended motion filed by post-conviction counsel was untimely, so the court clearly erred in failing to conduct an abandonment inquiry. Judgment is reversed and remanded. McAllister v. State (MLW No. ...

Tagged with: Abandonment Post-Conviction Relief timeliness

Where a defendant sentenced to death in a first-degree murder case challenged the denial of post-conviction relief, the defendant’s trial counsel made reasonable strategic decisions, and there was no abandonment by post-conviction counsel, so the denial of relief is affirmed ...

Tagged with: Abandonment Death Sentence Post-Conviction Relief

Where a defendant’s amended motion for postconviction relief was untimely filed and the motion court did not make an independent inquiry into whether the defendant was abandoned by postconviction counsel, the matter is reversed and remanded for the inquiry. Judgment ...

Tagged with: Abandonment Postconviction Relief

Where a defendant challenged the denial of his pro se motion to set aside his conviction for receiving stolen property, the judgment is affirmed because the amended motion was timely filed and effectual even though it did not include every ...

Tagged with: Abandonment Post-Conviction Relief

Where a father, who challenged the termination of his parental rights, failed to maintain adequate communication with his child for more than two years while he was in prison and failed to provide even minimal support, the trial court did ...

Tagged with: Abandonment Family Law Parental Rights Termination

  Where a defendant argued that his counsel was ineffective for failing to object to certain jury instructions, the amended Rule 29.15 motion was filed four days after it was required to be filed, so the motion was untimely, and ...

Tagged with: Abandonment Criminal Law effectiveness of counsel Post-Conviction Relief

  Where a defendant challenged the denial of post-conviction relief, the record on appeal established a presumption that the defendant was abandoned by court-appointed counsel, but the record was insufficient to determine whether the finding of actual abandonment was clearly ...

Tagged with: Abandonment Criminal Law Insufficient Record Post-Conviction Relief

Where a defendant challenged the dismissal of his abandonment motion, the trial court erred in finding that it lacked jurisdiction to consider the claim of abandonment, so the point is granted. Judgment is reversed and remanded. Washington-Bey v. State (MLW ...

Tagged with: Abandonment Criminal Law jurisdiction Opinions Subhead Post-Conviction Relief

Where a defendant argued that his case must be remanded to the motion court for an abandonment inquiry, the state agreed in its brief, and the judgment is reversed and remanded. Judgment is reversed and remanded. Slavens v. State (MLW ...

Tagged with: Abandonment Criminal Law Post-Conviction Relief Post-Conviction Relief Untimely Motion Untimely Motion

Where a defendant’s amended motion for post-conviction relief was untimely filed and the motion court made no independent inquiry into whether the defendant was abandoned by post-conviction counsel, the judgment is reversed and remanded for the appropriate inquiry. Judgment is ...

Tagged with: Abandonment Criminal Law Post-Conviction Relief timeliness

Where a defendant filed a timely pro se motion for post-conviction relief and then retained counsel who filed an untimely amended motion, the Missouri Supreme Court has declined to extend the abandonment doctrine to excuse an untimely amended motion filed ...

Tagged with: Abandonment Criminal Law Post-Conviction Relief Retained Counsel