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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law: Post-Conviction Relief-Pro Se Motion-Timeliness

Criminal Law: Post-Conviction Relief-Pro Se Motion-Timeliness

Where a motion court overruled defendant’s pro se motion for post-conviction relief on the merits, the defendant failed to allege any facts showing that his motion was timely or that the untimely filing fell into a recognized exception, so the judgment is vacated and remanded for the court to enter an order dismissing the motion with prejudice.

Vacated; remanded.

Jackson v. State (MLW No. 74822/Case No. ED107664 – 6 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis County, McShane, J. (Richard H. Sindel for appellant) (Evan J. Buchheim for respondent).