Legal Opinion

ANDREW LUKE LEMASTERS v. STATE OF MISSOURI, Plaintiff-Respondent

Missouri Court of Appeals

Decided April 2, 2019No. SD35490Published

1Opinion of the Court

ANDREW LUKE LEMASTERS, ) ) Defendant-Appellant, ) ) v. ) No. SD35490 ) STATE OF MISSOURI, ) Filed: April 2, 2019 ) Plaintiff-Respondent. ) APPEAL FROM THE CIRCUIT COURT OF NEWTON COUNTY Honorable Timothy Wayne Perigo REVERSED AND REMANDED WITH INSTRUCTIONS Andrew Luke Lemasters (“Movant”) appeals the denial of his amended Rule 29.15 1 motion for post-conviction relief. Because his original, pro se motion was not timely filed and did not claim that the tardiness was the result of third-party interference, his claim was waived, and the motion court clearly erred in failing to dismiss the…

2Cases cited10 opinions

  1. Dorris v. StateSupreme Court of Missouri · 2012
  2. Price v. StateSupreme Court of Missouri · 2014
  3. Mark D. Vogl v. State of MissouriSupreme Court of Missouri · 2014
  4. State of Missouri v. Andrew Luke LemastersSupreme Court of Missouri · 2015
  5. Miller v. StateMissouri Court of Appeals · 2012

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