Gittemeier v. State

Patricia Breckenridge, judge

Paul Gittemeier appeals the judgment overruling his amended Rule 29.15 motion for postconvietion relief on the merits. Before considering the merits of a postconvic-' tion motion, however, this Court has a duty to determine whether the postconviction motion was timely filed. Mr. Gittemeier’s retained counsel untimely filed the amended motion on Mr. Gittemeier’s behalf. Although Mr. Gittemeier asserts the untimely filing must be excused because his retained counsel abandoned him, the abandonment doctrine does not apply to retained counsel. Rather, the abandonment…