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GEHRKE v. STATE

No. SC 89527.

280 S.W.3d 54 (2009)

David GEHRKE, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

March 31, 2009.

Attorney(s) appearing for the Case

Ruth B. Sanders, Office of Public Defender, Kansas City, MO, for Appellant.

Chris Koster, Atty. Gen., Jayne T. Woods, Office of Missouri Atty. Gen., Jefferson City, MO, for Respondent.

PATRICIA BRECKENRIDGE, Judge.

The circuit court overruled David Gehrke's motion for postconviction relief under Rule 24.035 after an evidentiary hearing. The judgment was not appealed, allegedly because Mr. Gehrke's counsel did not file a notice of appeal properly. Nearly five years later, Mr. Gehrke moved to reopen his postconviction proceedings, claiming his counsel's actions constituted abandonment. The motion court entered...

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