Wallingford v. State

DUANE BENTON, Judge.

John A. Wallingford filed a motion for post-conviction relief, under Rule 29.15. He did not sign the motion within the 90-day filing time. The circuit court dismissed the motion. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const, art. V, sec. 10. Reversed and remanded.

Wallingford’s felony convictions were affirmed on direct appeal. State v. Wallingford, 43 S.W.3d 852 (Mo.App.2001). On the last day of the 90-day period, he filed a pro se Rule 29.15 motion. He did not sign the declaration on the motion, but did sign the in forma pauperis…