Browder v. State

PAUL M. SPINDEN, Judge.

Brian Browder appeals the circuit court’s judgment to dismiss his motion for postconviction relief because it did not satisfy the filing deadline of Rule 24.035. He challenges the deadline as unconstitutional because the rule makes no provision for late filing of a postconviction motion for good cause shown. We affirm the circuit court’s judgment. Day v. State, 770 S.W.2d 692, 695 (Mo. banc), cert. denied sub nom., Walker v. State, 493 U.S. 866, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989) (holding time limits of Rule 24.035 to be valid and mandatory).

In response to Browder’s…