Vogl v. State

Appellant pleaded guilty to two felony counts of first-degree statutory sodomy. Appellant subsequently filed a Mo. R. Crim. P. 24.035 motion for post-conviction relief. The motion court appointed post-conviction counsel to represent Appellant in the proceeding. Appointed counsel then filed a motion requesting that the appointment of counsel be rescinded on the basis that Appellant’s Rule 24.035 motion was untimely. Without holding an independent inquiry, the motion court rescinded its previous order appointing counsel and dismissed the case with prejudice, finding that the motion was not timely filed. Thereafter, Appellant filed a motion to reopen his post-conviction proceedings, claiming that he was abandoned by his appointed counsel when his counsel failed to investigate the timeliness of his post-conviction motion before filing the motion to rescind appointment of counsel. The motion court overruled Appellant’s motion. The Supreme Court reversed, holding that the motion court clearly erred in dismissing Appellant’s motion because the record raised the presumption that Appellant was abandoned by his post-conviction counsel. View "Vogl v. State" on Justia Law