SCHILTZ v. STATE

No. WD 51094.

912 S.W.2d 686 (1996)

William N. SCHILTZ, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

January 2, 1996.


Attorney(s) appearing for the Case

Rose M. Wibbenmeyer, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Christine M. Kocot, Assistant Attorney General, Jefferson City, for respondent.

Before BRECKENRIDGE, P.J., and ULRICH and LAURA DENVIR STITH, JJ.


ULRICH, Judge.

Mr. William Schiltz appeals the motion court's denial of his Rule 24.035 motion without first ensuring that appointed postconviction counsel had fully complied with the requirements of Rule 24.035(e) due to postconviction counsels failure to file either an amended motion or a notice of determination not to file an amended motion and failure to request an evidentiary hearing.

The case is remanded for further proceedings.

Mr. Schiltz was...

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