BAIN v. STATE

No. ED 79410.

59 S.W.3d 625 (2001)

Keith BAIN, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

November 13, 2001.


Attorney(s) appearing for the Case

Nancy L. Vincent, Asst. Public Defender, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, MO, for respondent.


LAWRENCE E. MOONEY, Judge.

Movant Keith Bain appeals the motion court's dismissal of his February 9, 2001 postconviction-relief motion without appointment of counsel. According to movant, the motion court erred in both failing to appoint counsel for his February 2001 motion and in dismissing such motion given that it was neither untimely nor successive. Because we hold movant should have been appointed counsel and that his February 2001 motion was neither untimely...

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