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Criminal Law: New Trial Motion – Timeliness
Stephanie Maniscalco//January 31, 2013
Where a defendant filed a motion for a new trial eight years after the time to file such a motion had expired, the appropriate vehicle for relief would be to file a petition for a writ of habeas corpus, so the judgment is vacated and remanded with instructions to dismiss.
Vacated; remanded.
State v. Wright (MLW No. 64608/Case No. ED97927 – 4 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from circuit court, Pike County, Burkemper Jr., J. (Craig A. Johnston for appellant) (Daniel N. McPherson for respondent).
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