Mark D. Vogl v. State of Missouri

ZEL M. FISCHER, Judge.

I dissent from the principal opinion. In my view, the procedural posture of this case bars Vogl’s requested relief. Vogl filed his original Rule 24.035 motion in March 2008. After sustaining his post-conviction counsel’s motion to rescind appointment, the motion court dismissed Vogl’s Rule 24.035 motion in April 2008. Vogl did not appeal the motion court’s dismissal. Rather, nearly three years later, Vogl filed a motion to reinstate his post-conviction proceedings, alleging that *231he had been abandoned by postconviction counsel. That motion was overruled, and the appeal of…