Middleton v. State

RONALD R. HOLLIGER, Presiding Judge.

The State and Kenneth Middleton (Middleton) cross-appeal from an order reopening Middleton’s 1991 Rule 29.15 motion and vacating and setting aside Middleton’s convictions and sentences for first-degree murder and armed criminal action and granting him a new trial. The State contends that post-conviction counsel did not abandon Middleton and that the trial court had no jurisdiction to grant him relief under Rule 29.15. We agree and reverse and remand with directions to dismiss Middleton’s motion.

Factual and Procedural Background

In 1991, Middleton was tried…