Kirk v. State

JEFFREY W. BATES, Judge.

Andre Kirk (Kirk) appeals from an order denying his motion to reopen his Rule 24.035 post-conviction proceeding on the ground of abandonment. 1 After conducting an evidentiary hearing, the motion court found that appointed counsel did not abandon Kirk. The motion court concluded that Kirk voluntarily waived his right to post-conviction relief and dismissed his Rule 24.035 motion because he faced the serious risk of having additional felony charges filed against him if he proceeded with his post-conviction claim. Because the motion court’s findings and conclusions are…