Kevin D. Posch Missouri Cases

Kevin D. Posch appealed the denial of his post-conviction relief (PCR) motion, arguing that his previously adjudicated Rule 24.035 case should be re-opened because his appointed post-conviction counsel abandoned him. Counsel had withdrawn after determining Movant was not indigent. The appellate court affirmed the motion court's judgment, holding that because Movant was properly determined not to be indigent, he was not entitled to appointed counsel under Rule 24.035, and therefore could not claim abandonment. The court also found no error in denying Movant's motion to amend the order without findings of fact or conclusions of law, as the abandonment claim was not cognizable.