Supreme Court of Missouri
en banc
April 28, 2020
Effective January 1, 2021
In re:
(1) Repeal of subdivisions (a) and (e) of subdivision 24.036, entitled "Conviction After Guilty Plea – Correction – Death Sentence – Appointment of Counsel," of Rule 24, entitled "Misdemeanors or Felonies – Arraignment and Proceedings Before Trial," and in lieu thereof adoption of a new subdivisions (a), (e), and (f) of subdivision 24.036, entitled "Conviction After Guilty Plea – Correction – Death Sentence – Appointment of Counsel."
(2) Repeal of subdivisions (a) and (e) of subdivision 29.16, entitled "Conviction After Trial – Correction – Death Sentence – Appointment of Counsel," of Rule 29, entitled "Misdemeanors or Felonies – Verdict, Sentence and New Trial," and in lieu thereof adoption of new subdivisions (a), (e), and (f) of subdivision 29.16, entitled "Conviction After Trial – Correction – Death Sentence – Appointment of Counsel."
ORDER
1. It is ordered that effective January 1, 2021, subdivisions (a) and (e) of subdivision 24.036 be and the same are hereby repealed and new subdivisions (a), (e), and (f) of subdivision 24.036 are adopted in lieu thereof to read as follows:
24.036 CONVICTION AFTER GUILTY PLEA – CORRECTION – DEATH SENTENCE – APPOINTMENT OF COUNSEL
(a) Within 30 days after a motion is filed as provided in Rule 24.035 to set aside a sentence of death, the court shall cause two counsel to be appointed for the movant. If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected the offer with the understanding of its legal consequences. Unless the movant is so competent and understands the legal consequences, movant shall not be permitted to reject the appointment of counsel.
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(e) The following provision is in lieu of Rule 24.035(g) when a motion is filed as provided in Rule 24.035 to set aside a sentence of death.
Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the
pro se motion. All claims shall be included within the same body and text of the amended motion.
An amended motion shall be filed within 180 days of the earlier of:
(1) the date both the mandate of the appellate court is issued and counsel is appointed; or
(2) the date both the mandate of the appellate court is issued and an entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.
For good cause shown, the court may extend the time for filing the amended motion for a period not to exceed 90 days.
Any response to the motion by the prosecutor shall be filed within 30 days after the date an amended motion is required to be filed.
(f) This Rule 24.036 shall be applicable to all motions filed on or after January 1, 2021, as provided in Rule 24.035.
2. It is ordered that effective January 1, 2021, subdivisions (a) and (e) of subdivision 29.16 of Rule 29 be and the same are hereby repealed and new subdivisions (a), (e), and (f) of subdivision 29.16 are adopted in lieu thereof to read as follows:
29.16 CONVICTION AFTER TRIAL – CORRECTION – DEATH SENTENCE – APPOINTMENT OF COUNSEL
(a) Within 30 days after a motion is filed as provided in Rule 29.15 to set aside a sentence of death, the court shall cause two counsel to be appointed for the movant. If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected the offer with the understanding of its legal consequences. Unless the movant is so competent and understands the legal consequences, movant shall not be permitted to reject the appointment of counsel.
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(e) The following provision is in lieu of Rule 29.15(g) when a motion is filed as provided in Rule 29.15 to set aside a sentence of death.
Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the pro se
motion. All claims shall be included within the same body and text of the amended motion.
An amended motion shall be filed within 180 days of the earlier of:
(1) the date both the mandate of the appellate court is issued and counsel is appointed; or
(2) the date both the mandate of the appellate court is issued and an entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.
For good cause shown, the court may extend the time for filing the amended motion for a period not to exceed 90 days.
Any response to the motion by the prosecutor shall be filed within 30 days after the date an amended motion is required to be filed.
(f) This Rule 29.16 shall be applicable to all motions filed on or after January 1, 2021, as provided in Rule 29.15.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice