State v. Turner

GARY M. GAERTNER, Judge.

Appellant, Mac Arthur Turner (“defendant”), filed a motion to recall the mandate dismissing his direct appeal,1 alleging the dismissal was due to ineffective assistance of appellate counsel. This Court provisionally recalled the mandate and reinstated the appeal for the purpose of determining whether the mandate could be recalled in light of the new Rule 29.15. Our order provisionally recalling the mandate is set aside and the motion is dismissed.

On December 24, 1994, defendant was shopping at Northwest Plaza where he encountered three men, Marvin Cashaw, Marcus…