Price v. State

PAUL C. WILSON, Judge.

Clayton Dean Price’s motion for post-conviction relief missed the deadline for such a motion under Rule 29.15(b) by more than four years. Price claims that his tardiness should be excused because the counsel he retained to draft and file that motion for him misunderstood the deadlines. The motion court agreed and excused Price’s untimely filing. Following a hearing on Price’s substantive claims, the motion court granted relief and vacated Price’s conviction. The state claims that the motion court erred by proceeding on Price’s untimely motion because Price waived all…