Charles K. Moore v. State of Missouri

PATRICIA BRECKENRIDGE, JUDGE

Charles K. Moore appeals the judgment overruling his amended Rule 29.15 motion for post-conviction relief without an evi-dentiary hearing. Mr. Moore’s amended motion was filed out of time, creating a presumption of abandonment on the record. The motion court ruled on the amended motion without an independent inquiry into whether Mr. Moore was actually abandoned by appointed counsel. Because the existence of abandonment affects whether the claims in the amended motion have been waived, the Court reverses the motion court’s judgment and remands the case.

Factual and…