State of Missouri, Respondent, v. Mark Burse, Defendant. Mark Burse, Movant/Appellant, v. State of Missouri, Respondent.
Decision date: Unknown
Parties & Roles
- Appellant
- Mark Burse, Defendant. Mark Burse, Movant/·Mark Burse, Defendant. Mark Burse, Movant/Appellant, v. State of Missouri
- Respondent
- State of Missouri
Disposition
Mixed outcome
- {"type":"affirmed","scope":null}
- {"type":"dismissed","scope":null}
Slip Opinion Notice
This archive contains Missouri appellate slip opinions reproduced for research convenience, not the final official reporter version. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.
Opinion
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: State of Missouri, Respondent, v. Mark Burse, Defendant. Mark Burse, Movant/Appellant, v. State of Missouri, Respondent. Case Number: Nos. 68846/71135 Handdown Date: 09/16/1997 Appeal From: Circuit Court of Pike County, Hon. Fred Rush Counsel for Appellant: Susan McGraugh Counsel for Respondent: Gregory L. Barnes Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Dowd, P.J., Simon and Hoff, JJ., concur. Opinion: Mark Burse appeals the judgment and sentence entered upon his conviction by a jury of first degree assault, section 565.050 RSMo 1994. We have reviewed the briefs of the parties, the legal file, and the record on direct appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law would have no precedential or jurisprudential value. Judgment affirmed in accordance with Rule 30.25(b). In this consolidated matter, Burse also appeals from the denial of his Rule 29.15 motion after an evidentiary hearing. Burse has failed to raise or brief any points relating to the denial of his Rule 29.15 motion on appeal. Where a defendant appeals the denial of a Rule 29.15 motion, but fails to raise any point relating to the denial of that motion in the brief on appeal, the appeal is considered abandoned. State v. Gary, 913 S.W.2d 822, 824 n.1 (Mo. App. E.D. 1995), cert.
denied, 117 S.Ct. 91 (1996), overruled in part on other grounds, State v. Carson, 941 S.W.2d 518 (Mo. 1997); State v. Henderson, 824 S.W.2d 445, 447 (Mo. App. E.D. 1991). The appeal from the motion court's judgment is therefore dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Authorities Cited
Statutes, rules, and cases referenced in this opinion.
Statutes
- RSMo § 565.050cited
section 565.050 RSMo
Rules
- Rule 29.15cited
Rule 29.15
- Rule 30.25cited
Rule 30.25
Cases
- state v carson 941 sw2d 518cited
State v. Carson, 941 S.W.2d 518
- state v gary 913 sw2d 822cited
State v. Gary, 913 S.W.2d 822
- state v henderson 824 sw2d 445cited
State v. Henderson, 824 S.W.2d 445
Related Opinions
Cases sharing legal topics and authorities with this opinion.
State of Missouri, Respondent, v. Michael S. Roberts, Appellant.(1997)
Supreme Court of Missouri
State of Missouri, Plaintiff/Respondent, v. Kyle Gardner, Defendant/Appellant. Kyle Gardner, Movant/Appellant, v. State of Missouri, Defendant/Respondent.(1997)
Missouri Court of Appeals, Eastern District
State of Missouri, Plaintiff/Respondent v. Ralph Harper, Defendant/Appellant and Ralph Harper, Movant, v. State of Missouri, Respondent.(1998)
Missouri Court of Appeals, Eastern District
State of Missouri, Respondent, v. Arlandus Keyes, Defendant/Appellant. and Arlandus Keyes, Defendant/Appellant, v. State of Missouri, Respondent.(1998)
Missouri Court of Appeals, Eastern District