VOLNER v. STATE

No. 28433.

253 S.W.3d 590 (2008)

Johnnie C. VOLNER, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 29, 2008.


Attorney(s) appearing for the Case

Gordon Rolla Upchurch, Law Office of Gordon Upchurch, Union, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., and Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for Respondent.


GARY W. LYNCH, Chief Judge.

Johnnie Volner ("Movant") appeals the dismissal of his motion to reopen his post-conviction proceeding, alleging that he had been abandoned by appointed post-conviction counsel. Movant raises two issues on appeal: (1) that he was abandoned by post-conviction counsel because counsel filed an untimely amended motion, and (2) that he was abandoned by post-conviction counsel because counsel omitted...

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