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COSTA v. ALLEN

No. SC 89177.

274 S.W.3d 461 (2008)

Bernardo O. COSTA, Appellant, v. Arthur E. ALLEN, Respondent.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing January 13, 2009.

Attorney(s) appearing for the Case

Bernardo O. Costa, Cameron, MO, pro se.

Jeremiah W. (Jay) Nixon, Attorney General, James R. McAdams, Maureen C. Beekley, Office of Missouri Attorney General, Jefferson City, MO, for respondent.

DANIEL E. SCOTT, Special Judge.

Bernardo Costa appeals the dismissal of his pro se petition for damages against Arthur Allen, an assistant public defender who represented Costa in an unsuccessful Rule 29.15 post-conviction action. After opinion by the Court of Appeals, Western District, this Court granted transfer. Mo. Const. art. V, sec. 10. The judgment is vacated, and the case is remanded.

Facts and Procedural Background

Costa captioned his petition...

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