383 S.W.3d 71
Mo. Ct. App.2012Background
- Parsons pled guilty in May 2005 to criminal nonsupport, with SIS and five years’ supervised probation.
- In March 2006, he admitted probation violations; probation revoked and a four-year sentence imposed, suspended execution, and five years’ supervised probation.
- Two more probation violations occurred within four years; probation was continued each time.
- A third probation violation in October 2010 led to revocation and execution of SES; post-conviction relief motion followed.
- Parsons filed a Rule 24.035 motion; the trial court denied it on September 16, 2011; he filed a notice of appeal on October 26, 2011.
- Parsons absconded on November 28, 2011, and has remained at large during the pendency of this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the escape rule requires dismissal of Parsons’s appeal. | Parsons | State | Escape rule dismissal warranted. |
Key Cases Cited
- State v. Troupe, 891 S.W.2d 808 (Mo. banc 1995) (supports dismissal to protect orderly justice and resources)
- Crawley v. State, 155 S.W.3d 836 (Mo. App. E.D.2005) (escape rule applies to post-conviction appeals)
- Fogle v. State, 99 S.W.3d 63 (Mo. App. E.D.2003) (escape rule applies to post-conviction relief appeals)
- Nichols v. State, 131 S.W.3d 863 (Mo. App. E.D.2004) (escape rule applies; pre-escape errors matter)