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Appellate Practice: Judgments – Finality – Criminal Case

Stephanie Maniscalco//October 20, 2011//

Appellate Practice: Judgments – Finality – Criminal Case

Stephanie Maniscalco//October 20, 2011//

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Where neither a motion court’s order denying a defendant’s motion to reopen post-conviction proceedings nor the docket entry was denominated a judgment, there was no final, appealable judgment, so the appeal is dismissed for lack of jurisdiction.

Appeal is dismissed.

Middleton v. State (MLW No. 62866/Case No. WD73290 – 5 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Jackson County, Messina, J. (Kent E. Gipson, Kansas City, Missouri, for appellant) (Chris Koster and Shaun J. Mackelprang for respondent).

Read the full text of this opinion. (PDF)

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