Criminal Law: Due Process-Competence-NGRI Plea

Where a trial court accepted a defendant’s plea of not guilty by reason of insanity while also finding him incompetent to proceed, the defendant’s habeas claim was not procedurally barred, and the court exceeded its authority and violated the defendant’s due process rights, so the guilty plea is vacated, and the criminal proceedings are pending but suspended.

Alternative remedies

Dissenting opinion by Powell, J.; “I respectfully dissent. This Court should refrain from issuing any original remedial writ when an alternative remedy is available from a lower court … Because Kelly has at least two 2 alternative means of redressing the alleged violation of his due process right before petitioning this Court for a writ of habeas corpus, his instant claim is procedurally barred.”

Judgment is affirmed.

State ex rel. Michael Kelly v. Inman (MLW No. 74413/Case No. SC97744 – 16 pages) (Supreme Court of Missouri, Russell, J.; Draper, C.J., Breckenridge and Stith, JJ., concur; Powell, J., dissents in separate opinion filed; Wilson and Fischer, JJ., concur in opinion of Powell, J.) Original proceeding in habeas corpus (Gwenda Robinson, St. Louis, for petitioner) (Patrick Logan and Caroline Coulter, Jefferson City, for the state).

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