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STATE v. KELLY

No. 70559.

966 S.W.2d 382 (1998)

STATE of Missouri, Respondent, v. Jason KELLY, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

April 7, 1998.

Attorney(s) appearing for the Case

N. Scott Rosenblum, Susan Kister, Clayton, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, for respondent.

AHRENS, Presiding Judge.

Defendant, Jason Kelly, filed a motion to recall the mandate dismissing his direct appeal.1 He alleges the dismissal was due to ineffective assistance of appellate counsel. This Court "provisionally" recalled the mandate and reinstated the direct appeal. The order provisionally recalling the mandate required defendant's new counsel to address the issue of whether a mandate may be recalled in light of the rule change...

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