Legal Opinion

Smith v. State

Missouri Court of Appeals

Decided March 6, 2007No. WD 66129Published

1Opinion of the Court

RONALD R. HOLLIGER, Presiding Judge.

Anthony Smith appeals the denial of his motion to reopen his original Rule 29.15 post conviction motion on the ground that the motion court lacked jurisdiction to hear the case. He contends that his original post-conviction counsel abandoned him by failing to include a claim in his amended Rule 29.15 motion. Because the claimed action of counsel does not legally constitute abandonment under Missouri law, the motion court properly denied his motion. Judgment affirmed.

Facts

Anthony Smith (“Smith”) was convicted of first-degree robbery and armed criminal…

2Cases cited1 opinion

  1. Johnson v. StateMissouri Court of Appeals · 2006

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