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VOGL v. STATE

No. SC 93157.

437 S.W.3d 218 (2014)

Mark D. VOGL, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

August 19, 2014.

Attorney(s) appearing for the Case

Jeannie M. Willibey , Public Defender's Office, Kansas City, for Vogl.

Andrew C. Hooper , Attorney General's Office, Jefferson City, for the State.

PATRICIA BRECKENRIDGE, Judge.

The motion court dismissed Mark Vogl's Rule 24.035 motion for post-conviction relief, without an independent inquiry, after appointed post-conviction counsel filed a motion to rescind appointment of counsel that informed the court that Mr. Vogl's pro se motion was stamped "filed" after the last day permitted by the rule. Thereafter, Mr. Vogl filed the motion at issue to reopen his post-conviction proceedings, claiming that his...

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