Legal Opinion

BRETT ALLEN YELTON, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent.

Missouri Court of Appeals

Decided December 7, 2016No. SD34313PublishedCited by 1 opinion

1Opinion of the Court

MARY W. SHEFFIELD, C.J.—

OPINION AUTHOR

Brett Allen Yelton (“Movant”) appeals from the motion court’s denial of his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. 1 Movant raises two points on appeal: (1) that the motion court clearly erred in failing to conduct an independent inquiry under Moore v. State, 458 S.W.3d 822 (Mo. banc 2015), into whether Movant was abandoned by post-conviction counsel when post-conviction counsel filed an untimely amended motion and (2) that the motion court clearly erred in denying Movant’s oral motion for a continuance made at the…

2Cases cited2 opinions

  1. Charles K. Moore v. State of MissouriSupreme Court of Missouri · 2015
  2. JONATHAN JAMES PRICE, Movant-Appellant v. STATE OF MISSOURI, Respondent-RespondentMissouri Court of Appeals · 2016

3Cited by1 opinion

  1. BILLIE J. BORSCHNACK, Movant-Appellant v. STATE OF MISSOURI, Respondent-RespondentMissouri Court of Appeals · 2020

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