Legal Opinion

Gehlert v. State

Missouri Court of Appeals

Decided February 10, 2009No. WD 69445PublishedCited by 2 opinions

1Opinion of the Court

VICTOR C. HOWARD, Judge.

Michael Gehlert appeals the denial of his pro se Rule 24.035 motion for postconviction relief in which he sought to vacate his conviction and seven-year sentence for forgery, section 570.090, RSMo 2000. He asserts that the motion court clearly erred in denying his motion because (1) the court failed to hold a hearing and determine that he was abandoned by postconviction counsel; and (2) the time limit for filing an amended motion had not yet passed. 1 The order of the motion court is reversed, and the case is remanded for further proceedings.

Facts

Mr. Gehlert was…

2Cases cited10 opinions

  1. Luleff v. StateSupreme Court of Missouri · 1991
  2. Sanders v. StateSupreme Court of Missouri · 1991
  3. Brooks v. StateSupreme Court of Missouri · 2008
  4. Moore v. StateSupreme Court of Missouri · 1996
  5. State v. DavisSupreme Court of Missouri · 1969

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3Cited by2 opinions

  1. Jensen v. StateMissouri Court of Appeals · 2013
  2. Waggoner v. StateMissouri Court of Appeals · 2018

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