Barton v. State
Annotate this CaseAfter a fifth jury trial, Appellant was found guilty of first-degree murder and sentenced to death. The Supreme Court affirmed the conviction and death sentence on direct appeal. Appellant later filed an amended Mo. R. Crim. P. 29.15 motion for post-conviction relief asserting six broad grounds for relief. Appellant’s public defender was subsequently permitted to withdraw as Appellant’s post-conviction motion counsel. Another public defender remained as counsel for Appellant, and two other public defenders also entered their appearance as his counsel. The circuit court overruled Appellant’s post-conviction motion, and the Supreme Court affirmed. Defendant subsequently filed a motion requesting the post-conviction court to find that he had been abandoned by his post-conviction counsel and asking for permission to supplement his amended post-conviction motion with additional claims. The motion court overruled Appellant’s motion. The Supreme Court affirmed, holding that Appellant’s postconviction counsel did not abandon him during post-conviction proceedings under Missouri’s definition of “abandonment.”
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