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Criminal Law : Post-Conviction Motion – Timeliness – Ruling On Merits
Stephanie Maniscalco//October 14, 2014
Criminal Law : Post-Conviction Motion – Timeliness – Ruling On Merits
Stephanie Maniscalco//October 14, 2014
Where a defendant argued that the motion court erred in ruling on the merits of his amended motion for post-conviction relief because the motion was untimely, and the defendant sought to vacate the judgment in order to file a new motion for relief based on abandonment, a post-conviction movant is not entitled to relief for abandonment based on the untimely filing of an amended motion if the motion court has already considered the merits of the untimely motion, so the judgment denying relief is affirmed.
Judgment is affirmed.
Cox v. State (MLW No. 67033/Case No. WD76549 – 8 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Buchanan County, Kellogg, J. (Damien S. B. DeLoyola, Kansas City, Missouri, for appellant) (Shaun J. Mackelprang, Jefferson City, for respondent).
Read the full text of this opinion. (PDF)
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