Milner v. State

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The Supreme Court reversed the judgment of the motion court dismissing Appellant’s Mo. R. Crim. P. 24.035 motion for post-conviction relief without an evidentiary hearing and remanded the case with instructions to the motion court to make an independent inquiry to determine whether Appellant was abandoned by his appointed counsel.Appellant pleaded guilty to two counts of failing to register as a sex offender. Appellant later filed a pro se motion for post-conviction relief. After post-conviction relief counsel was appointed, Appellant sought to file an amended motion for post-conviction relief. Counsel did not file an amended motion for post-conviction relief until after the Rule 24.035(g) deadline. The motion court did not adjudicate Appellant’s amended motion and entered a judgment dismissing Appellant’s pro se post-conviction motion without an evidentiary hearing. The Supreme Court reversed, holding that because the motion court failed to make an independent inquiry into whether Appellant was abandoned by his appointed counsel. Because that determination should be reviewed and there was no record available for review of the motion court’s determination, this case must be remanded. View "Milner v. State" on Justia Law