Brown v. State

JEFFREY W. BATES, Judge.

Postconviction counsel for Bradley Brown (Brown) failed to file a timely notice of appeal after his Rule 29.15 motion was denied in May 2006. 1 In August 2008, Brown moved to reopen his postconviction proceedings on the ground that such inaction constituted abandonment. In September 2008, the motion court granted the motion and reissued its prior judgment denying Brown's claim for postconviction relief on the merits. Reversal is required because the motion court's ruling on the motion to reopen was clearly erroneous.

In February 2001, Brown was found guilty by a jury of…