Samuel L. Lomax v. State of Missouri

ROBERT G. DOWD, JR., Judge

Samuel Lomax appeals from the judgment denying his Rule 29.15 motion without an evidentiary hearing. We reverse and remand.

Before proceeding to the merits, we are compelled under Moore v. State to first examine the timeliness of amended motions in each post-conviction case on appeal, even if the issue is not raised by either party. 458 S.W.3d 822 (Mo. banc 2015). If it is determined that an amended motion filed by appointed counsel is untimely, but there has been no independent inquiry into abandonment, then the case must be remanded to the motion court for such…