Gehrke v. State

CONCURRING OPINION

ZEL M. FISCHER, Judge.

I concur in the principal opinion and write this separate concurring opinion.

The doctrine of abandonment is a limited concept that does not modify the requirements set out in Rules 24.035 or 29.15.1 McFadden v. State, 256 S.W.3d 103, 108 (Mo. banc 2008). For abandonment to remain a valid concept, it must be limited only to the requirements set forth in the postconviction rules. Kennedy v. State, 210 S.W.3d 417, 420 (Mo.App.2006) (the purpose of the abandonment doctrine is to ensure that postconviction counsel complies with the duties imposed by the…