State v. Teter

ON MOTION TO RECALL MANDATE

Franklin Teter moves to recall the mandate and vacate the opinion in State v. Teter, 724 S.W.2d 538 (Mo.App.1986). He contends his counsel on appeal was ineffective in failing to brief and argue four points which would have produced a different result in the case. For the reasons hereafter stated, we find the claims to be without merit and therefore overrule the motion.

It is first appropriate to define the scope of review available in this post-conviction proceeding. Because an appellate court loses jurisdiction of a cause once the mandate issues to the trial court,…