Legal Opinion

Haynes v. State

Missouri Court of Appeals

Decided July 9, 2018No. SD 35274PublishedCited by 2 opinions

1Opinion of the CourtDaniel E. Scott, J.

Gene Haynes timely moved pro se for postconviction relief which the motion court immediately and fully granted by return mail. The court then dismissed the case without appointing counsel, which the State concedes was error. We agree, reverse the dismissal, and remand for appointment of counsel and further proceedings.

*886Background

Haynes pleaded guilty to four crimes in four separate cases. His victim-tampering sentence (four years) was ordered to run concurrently with all others. The judgment said so three times:

"To run concurrent with any other time may serving [sic] in DOC," and
"TO RUN…

2Cases cited5 opinions

  1. Luleff v. StateSupreme Court of Missouri · 1991
  2. Mark D. Vogl v. State of MissouriSupreme Court of Missouri · 2014
  3. Pamela D. Ramsey v. State of MissouriMissouri Court of Appeals · 2014
  4. Wilson v. StateMissouri Court of Appeals · 2013
  5. Sanford v. StateMissouri Court of Appeals · 2011

3Cited by2 opinions

  1. Naylor v. StateMissouri Court of Appeals · 2018
  2. Timothy Wolf v. State of MissouriMissouri Court of Appeals · 2021

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