Nolan v. State

CRANE, Presiding Judge.

Movant, Antonio Nolan, appeals from the motion court’s order dismissing without prejudice his motion for post-conviction relief under Rule 29.15. The motion court ruled that because movant’s direct appeal was still pending, his Rule 29.15 motion was filed prematurely. Movant concedes that the motion was filed early, but maintains Rule 29.15 does not mandate the dismissal of a prematurely filed motion and argues that the motion court should have deferred action on his motion until the direct appeal was concluded. The state agrees with movant. We reverse and remand for…