Supreme Court of Missouri March 31, 2009, No. SC 89527 (Gehrke v. State)

lead-opinion

PATRICIA BRECKENRIDGE, Judge.

The circuit court overruled David Gehrke’s motion for postconviction relief under Rule 24.035 after an evidentiary hearing. The judgment was not appealed, allegedly because Mr. Gehrke’s counsel did not file a notice of appeal properly. Nearly five years later, Mr.