Watson v. StateAnnotate this Case
The Supreme Court reversed the order of the motion court overruling Defendant’s Mo. R. Crim. P. 29.15 motion for postconviction relief alleging that he received ineffective assistance of counsel during his criminal proceedings, holding that counsel failed to timely file an amended motion.
Defendant was convicted of first-degree robbery, resisting arrest, and second-degree trafficking. After unsuccessfully pursuing an appeal, Defendant filed a pro se motion for postconviction relief under Rule 29.15. A special public defender entered her appearance on Defendant’s behalf and then filed a motion for leave to file amended answer. The motion court granted the motion. The Supreme Court held that Defendant’s counsel untimely filed the amended motion under Rule 29.15, resulting in a presumption of abandonment. The court remanded the matter for a determination of whether Defendant was abandoned.