Walter Barton v. State of Missouri

Walter Barton appeals the trial court’s judgment overruling his motion requesting the court to find that he was abandoned by his post-conviction counsel and denying him permission to supplement his post-conviction motion. This Court affirms. Since first recognized by this Court in Luleff v. State, 807 S.W.2d 495 (Mo. banc 1991), and Sanders v. State, 807 S.W.2d 493 (Mo. banc 1991), the claim of abandonment by.post-conviction counsel has been limited to two circumstances — when post-conviction counsel: (1) takes no action with respect to filing an amended motion or (2) is aware of the need to…