SMITH v. STATE

No. WD 66129.

215 S.W.3d 749 (2007)

Anthony SMITH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

March 6, 2007.


Attorney(s) appearing for the Case

Anthony Smith, Cameron, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun Mackelprang and Jayne T. Woods, Office of Atty. Gen., Jefferson City, for Respondent.


RONALD R. HOLLIGER, Presiding Judge.

Anthony Smith appeals the denial of his motion to reopen his original Rule 29.15 post conviction motion on the ground that the motion court lacked jurisdiction to hear the case. He contends that his original post-conviction counsel abandoned him by failing to include a claim in his amended Rule 29.15 motion. Because the claimed action of counsel does not legally constitute abandonment under Missouri law, the motion court properly...

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