Free Newsletter
Criminal Law: Post-Conviction Relief-Timeliness
Staff Report//May 6, 2020
Where a defendant challenged the denial of his post-conviction relief motion as untimely, the motion court was required to give appointed counsel the opportunity to file the amended motion to assert any additional facts including that the pro se motion was untimely filed or whether the circumstances of filing fell within an exception to the Rule 29.15 time limits, and the judgment is reversed and remanded for the motion court to allow appointed counsel 30 days, unless counsel renews the request for a second extension, to file an amended motion or statement explaining the actions that counsel took to ensure that no amended motion was needed.
Judgment is reversed and remanded.
Gilkey v. State (MLW No. 74966/Case No. WD83071 – 6 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Saline County, Rolf, J. (Jeannie Willibey, Kansas City, Missouri, for appellant) (Justin Moody, Jefferson City, for respondent).
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
