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554 S.W.3d 397

Latham v. State

Supreme Court of Missouri

Decided September 11, 2018

Supreme Court of Missouri · decided 2018-09-11

Cited by 4 later decisions — most recently February 2019

4 state decisions

Key passage — most relied on by later courts

“to file either an amended motion or a statement in lieu of an amended motion within the 60-day deadline in Rule 24.035(g) create[s] the presumption [that] postconviction counsel failed to comply with the postconviction rules and, thereby, abandoned [movant].”

quoted by 1 later decision, including Perkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2018-09-11

View the full empirical analysis of this case →

¶1Conclusion

¶2A presumption of abandonment arose when Mr. Latham's postconviction counsel failed to file either an amended motion or a statement in lieu of an amended motion within Rule 24.035(g)'s 60-day deadline. The motion court's judgment is reversed, and the case is remanded.

¶3All concur.

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