State v. Kelly

AHRENS, Presiding Judge.

Defendant, Jason Kelly, filed a motion to recall the mandate dismissing his direct appeal.1 He alleges the dismissal was due to ineffective assistance of appellate counsel. This Court “provisionally” recalled the mandate and reinstated the direct appeal. The order provisionally recalling the mandate required defendant’s new counsel to address the issue of whether a mandate may be recalled in light of the rule change to Rule 29.15, effective January 1, 1996 (“new Rule 29.15”). Our order provisionally recalling the mandate is set aside. We dismiss the appeal.

A Missouri…