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Criminal Law: Post-Conviction Relief-Abandonment by Counsel
Staff Report//February 4, 2020//
Defendant was convicted of robbery, armed criminal action and felonious restraint. Defendant filed a pro se PCR motion. The motion court appointed a “public defender” to represent defendant and filed an amended PCR motion. The motion court denied the claims in the motion.
Where appointed counsel failed to timely file an amended PCR motion, it raised a presumption of abandonment of counsel that the motion court failed to address in denying post-conviction relief.
Judgment is reversed and remanded.
Robinson v. State (MLW No. 74447/Case No. SD36065 – 6 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Pulaski County, Schollmeyer, J. (Mark Allen Grothoff, Columbia for appellant) (Richard Anthony Starnes, Jefferson City, for respondent)
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