Allen v. State

LAURA DENVIR STITH, Judge.

The motion court dismissed Mr. Allen’s Rule 29.15 motion for post-conviction relief as untimely because it failed to show on its face that it was filed within 90 days of the date the court of appeals issued its mandate affirming his conviction. Mr. Allen appeals, alleging that his motion was timely filed within 90 days of our mandate, that the court’s own file contained the mandate so indicating, that the court had given him an outdated copy of Form 40 which did not require him to also enter the mandate date on the form itself, and that the court gave him no chance…