Smith v. State

Joseph Edward Smith (“Movant”) appeals from the motion court’s judgments in four consolidated post-conviction cases. Those judgments dismissed Movant’s post-conviction motions because Movant’s initial motions were not timely filed under Rule 24.035(b).1 Movant claims the motion court clearly erred in failing to find the delay in filing was excused under the third-party interference exception to the time limits of the post-conviction rules. However, Movant failed to prove that he fell within a recognized exception to the time limits of the post-conviction rules. Consequently, we affirm the…