Waring v. State

Missouri Court of Appeals

Waring v. State

466 S.W.3d 570, 2015 Mo. App. LEXIS 380, 2015 WL 1548957

CourtMissouri Court of Appeals

DecidedApril 7, 2015

DocketNo. SD 33507

StatusPublished

This text of 466 S.W.3d 570 (Waring v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waring v. State, 466 S.W.3d 570, 2015 Mo. App. LEXIS 380, 2015 WL 1548957 (Mo. Ct. App. 2015).

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Opinion

PER CURIAM.

Walter Waring timely filed an indigency affidavit and pro se motion for Rule 24.035 relief from his felony DWI convictions. The motion court summarily denied relief without appointing counsel for Waring, [571]*571who claims this was error. The state agrees, as do we.

“When an indigent movant files a pro se motion, the court shall cause counsel to be appointed for the movant.” Rule 24.035(e). Such appointment “is mandatory.” Ramsey v. State, 438 S.W.3d 521, 522 (Mo.App.2014). “A motion court that dismisses a pro se Rule 24.035 motion without appointing counsel commits clear error.” Id. See also Wilson v. State, 415 S.W.3d 727, 728 (Mo.App.2013).

We reverse, remand, and direct the motion court to appoint counsel for Waring and proceed further after that appointment. Id.

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PER CURIAM.

Walter Waring timely filed an indigency affidavit and pro se motion for Rule 24.035 relief from his felony DWI convictions. The motion court summarily denied relief without appointing counsel for Waring, [571]*571who claims this was error. The state agrees, as do we.

“When an indigent movant files a pro se motion, the court shall cause counsel to be appointed for the movant.” Rule 24.035(e). Such appointment “is mandatory.” Ramsey v. State, 438 S.W.3d 521, 522 (Mo.App.2014). “A motion court that dismisses a pro se Rule 24.035 motion without appointing counsel commits clear error.” Id. See also Wilson v. State, 415 S.W.3d 727, 728 (Mo.App.2013).

We reverse, remand, and direct the motion court to appoint counsel for Waring and proceed further after that appointment. Id.

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Bluebook (online)

466 S.W.3d 570, 2015 Mo. App. LEXIS 380, 2015 WL 1548957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waring-v-state-moctapp-2015.

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