Mark D. Vogl v. State of Missouri

PATRICIA BRECKENRIDGÉ, Judge.

The motion court dismissed Mark Vogl’s Rule 24.035 motion for post-conviction relief, without an independent inquiry, after appointed post-conviction counsel filed a motion to rescind appointment of counsel that informed the court that Mr. Vogl’s pro se motion was stamped “filed” after the last day permitted by the rule. Thereafter, Mr. Vogl filed the motion at issue to reopen his post-conviction proceedings, claiming that his counsel abandoned him *221by failing to investigate the timeliness of his post-convietion motion before counsel filed a motion to rescind…