Kenneth G. Middleton v. State of Missouri

ANTHONY REX GABBERT, Judge.

Kenneth G. Middleton appeals the circuit court’s judgment denying his second motion to reopen his Rule 29.15 post-conviction proceeding. Middleton asserts four points on appeal. First, Middleton contends that the circuit court clearly erred in denying his motion and in declining to address the merits of the underlying claims because the State agreed to reopen the case in 2004 and, therefore, waived any defenses to reopening the case and is judicially estopped from changing its position. Second, Middleton argues that the court clearly erred in denying his motion to…