Dorris v. State

WILLIAM RAY PRICE, JR., Judge.

Jesse V. Dorris, Jose Luis Lopez-McCurdy, Jr., and Louis Hill (collectively “Movants”) were denied the right to appeal their post-conviction relief motions on the merits because they were filed out of time. The State did not raise the issue of timeliness below. Because Rules 29.15 and 24.035 (“the Rules”) state that failure to file a motion within the time provided by the Rules “shall constitute a complete waiver of any right to proceed under [these] Rule[s] and a complete waiver of any claim that could be raised in a motion filed under [these] Rule[s],” the…