Legal Opinion

Mitchell v. State

Missouri Court of Appeals

Decided August 31, 2017No. SD 34577PublishedCited by 3 opinions

1Opinion of the CourtDon E. Burrell, J.

Gary Lee Mitchell, Jr. (“Movant”) was convicted after a jury trial óf the class A *455felony of second-degree drug trafficking.1 See section 195.223.1 and 4.2 Movant now appeals the denial after evidentiary hearing of his attempt to obtain post-conviction relief.

Movant’s first point claims that his appointed counsel filed his amended motion for post-conviction relief (“the amended motion”) one day after it was due, and because the motion court made no finding as to whether this constituted abandonment by appointed counsel, “th[e] case should be remanded for an abandonment hearing.” Movant also…

2Cases cited7 opinions

  1. Charles K. Moore v. State of MissouriSupreme Court of Missouri · 2015
  2. John Childers v. State of MissouriMissouri Court of Appeals · 2015
  3. Lewis v. StateMissouri Court of Appeals · 1989
  4. Johnson v. StateMissouri Court of Appeals · 2006
  5. Dudley v. StateMissouri Court of Appeals · 2008

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Duke v. StateMissouri Court of Appeals · 2018
  2. BILLIE J. BORSCHNACK, Movant-Appellant v. STATE OF MISSOURI, Respondent-RespondentMissouri Court of Appeals · 2020
  3. RANDALL OWENS, Movant-Appellant v. STATE OF MISSOURI, Respondent-RespondentMissouri Court of Appeals · 2023

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API