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KIRK v. STATE

No. SD 31123.

360 S.W.3d 859 (2011)

Andre R. KIRK, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Reconsideration and Transfer Denied January 24, 2012.

Application for Transfer Denied April 3, 2012.

Attorney(s) appearing for the Case

Gary E. Brotherton , Columbia, MO, for Appellant.

John W. Grantham , Jefferson City, MO, for Respondent.

JEFFREY W. BATES, Judge.

Andre Kirk (Kirk) appeals from an order denying his motion to reopen his Rule 24.035 post-conviction proceeding on the ground of abandonment.1 After conducting an evidentiary hearing, the motion court found that appointed counsel did not abandon Kirk. The motion court concluded that Kirk voluntarily waived his right to post-conviction relief and dismissed his Rule 24.035 motion because he faced the serious risk...

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