Michael Luleff appeals the denial of his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Movant filed a pro se motion for post-conviction relief on June 28, 1988. On the same day the court granted leave to file in forma pauperis and appointed "the public defender" to represent movant. On October 17, 1988, the state filed a motion to dismiss. On August 15, 1989, the motion court denied the motion for post-conviction relief. While recognizing the legal propriety of the denial under Rule 29.15(d), the court of appeals, finding failure by movants appointed counsel to comply with the mandatory requirements of Rule 29.15(e), reversed and remanded for appointment of new counsel. This Court granted transfer because of the importance of the question presented. The cause is reversed and remanded.
Michael Luleff v. State Missouri - Supreme Court of Missouri
Michael Luleff appeals the denial of his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Movant filed a pro se motion for post-conviction relief on June 28, 1988. On the same day the court granted leave to file in forma pauperis and appointed "the public defender" to represent movant. On October 17, 1988, the state filed a motion to dismiss. On August 15, 1989, the motion court denied the motion for post-conviction relief. While recognizing the legal propriety of the denial under Rule 29.15(d), the court of appeals, finding failure by movants appointed counsel to comply with the mandatory requirements of Rule 29.15(e), reversed and remanded for appointment of new counsel. This Court granted transfer because of the importance of the question presented. The cause is reversed and remanded.