Moore v. State
Annotate this CaseAfter a jury trial, Appellant was convicted of second-degree assault of a probation and parole officer. The court of appeals affirmed. Appellant subsequently filed a pro se Mo. R. Crim. P. 29.15 motion. The motion court appointed post-conviction counsel to represent Appellant in the proceeding. Ninety-one days later, Appellant’s appointed counsel filed an amended motion alleging claims of ineffective assistance of counsel. The amended motion was not timely. The motion court overruled the motion without holding an evidentiary hearing. The Supreme Court reversed because the motion court did not make an independent inquiry under Luleff v. State into whether Appellant was abandoned by appointed counsel when the untimely amended motion was filed. Remanded for an independent inquiry into whether Appellant was abandoned by appointed counsel.
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