Thomas v. State

For the reasons following, I respectfully dissent. In holding that Rule 51.05 no longer has application to proceedings under Rule 24.035 and in distinguishing Rules 24.035 and 29.15 from our prior procedures under Rule 27.26, the majority shrugs aside the fact that Rule 51.05 has for good reason been carefully and uniformly applied to proceedings under our current Rule 29.15, DeBold v. State, 772 S.W.2d 29 (Mo.App.1989); Mack v. State, 775 S.W.2d 288 (Mo.App.1989), as it was under its precursor, Rule 27.26. E.g., Toney v. State, 770 S.W.2d 411 (Mo.App.1989); Fulsom v. State, 573 S.W.2d 116…