Bearden v. State

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The Supreme Court reversed the judgment of the motion court overruling Appellant’s amended Rule 24.035 motion for post-conviction relief without an evidentiary hearing and remanded the case, holding that Appellant’s amended motion was filed out of time, but the motion court did not conduct an abandonment inquiry to determine whether appointed counsel abandoned Appellant. Appellant pleaded guilty to two counts of the class C felony of possession of a chemical with the intent to create a controlled substance. Appellant later filed a pro se Rule 24.035 motion for post-conviction relief. The motion court appointed a public defender to represent Appellant. Appellant later filed his amended motion. The Supreme Court held that the amended motion was untimely. View "Bearden v. State" on Justia Law