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Criminal Law: Post-Conviction Relief-Abandonment-Insufficient Record
Staff Report//March 4, 2019
Where a defendant challenged the denial of post-conviction relief, the record on appeal established a presumption that the defendant was abandoned by court-appointed counsel, but the record was insufficient to determine whether the finding of actual abandonment was clearly erroneous, so the judgment is reversed and remanded to the motion court.
Judgment is reversed and remanded.
Borschnack v. State (MLW No. 72782/Case No. SD35659 – 7 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Dunklin County, Satterfield, J. (Kevin Louis Schriener, Clayton, for appellant) (Evan Joseph Buchheim, Jefferson City, for respondent).
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