Legal Opinion

Vogel v. State

Missouri Court of Appeals

Decided August 31, 1976No. 37715PublishedCited by 3 opinions

1Opinion of the Court

CLEMENS, Presiding Judge.

Movant appeals from the trial court’s denial, without a hearing, of his pro se motion to vacate or set aside his conviction and sentence under Rule 27.26. . His sole point on appeal is that the trial court erred in *88denying his motion to vacate or set aside his conviction and sentence without having appointed counsel to assist him in the preparation or amendment of his motion.

A motion to vacate and set aside a criminal conviction is a civil procedure, not a criminal prosecution, and a movant is not entitled to counsel as a matter of right solely by reason of his…

2Cases cited4 opinions

  1. Smith v. StateSupreme Court of Missouri · 1974
  2. State v. WashingtonSupreme Court of Missouri · 1966
  3. State v. WarrenSupreme Court of Missouri · 1959
  4. State v. WagonerSupreme Court of Missouri · 1966

3Cited by3 opinions

  1. Giles v. StateMissouri Court of Appeals · 1977
  2. Clark v. StateMissouri Court of Appeals · 1978
  3. Wallace v. StateMissouri Court of Appeals · 1979

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

Powered by the Exa API