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Post-Conviction Motion

May 6, 2020

Criminal Law: Post-Conviction Motion-Premature-Finality of Judgment

Where a defendant challenged the judgment overruling his motion for post-conviction relief, the trial court failed to comply with the mandate of the court in the direct appeal from his judgment of conviction, so there was no final judgment in the underlying criminal case, and the motion for post-conviction relief was thus premature. Vacated; remanded. […]

Oct 14, 2019

Criminal Law: Post-Conviction Motion-Timeliness

Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the pro se motion was untimely, so the judgment is vacated and remanded with instructions to dismiss. Vacated. Wenzel v. State (MLW No. 74016/Case No. ED106977 – 4 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed […]

May 3, 2017

Criminal Law : Post-Conviction Motion – Timeliness – Court Misinformation

Watson v. State (MLW No. 70500/Case No. SC9566 – 33 pages) (Supreme Court of Missouri, Draper III, J.; Breckenridge, C.J., Stith and Russell, JJ., concur; Fischer, J., dissents in separate opinion filed; Wilson, J., concurs in opinion of Fischer, J. Powell, J., not participating)

Mar 16, 2017

Criminal Law : DNA Testing – Post-Conviction Motion

Mercer v. State (MLW No. 70302/Case No. SC95451 – 18 pages) (Supreme Court of Missouri, Draper III, J.; Breckenridge, Stith and Russell, JJ., concur. Fischer, J., dissents in separate opinion filed. Wilson, J., dissents in separate opinion filed)

Feb 7, 2017

Criminal Law : Post-Conviction Motion – Retained Counsel – Abandonment

Cornelious v. State (MLW No. 70146/Case No. WD70146 – 14 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Aug 9, 2016

Criminal Law : Post-Conviction Motion – Amended Motion – Pro Se Claims

Green v. State (MLW No. 69550/Case No. SCD95363 – 23 pages) (Supreme Court of Missouri, Russell, J.; Breckenridge, Stith, Draper and Teitelman, JJ., concur. Fischer, J., dissents in separate opinion filed. Wilson, J., concurs in opinion of Fischer, J.)

Apr 27, 2016

Criminal Law : Procedure – Post-Conviction Motion

Day v. State (MLW No. 69077/Case No. SD33756 – 5 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)

Oct 14, 2014

Criminal Law : Post-Conviction Motion – Timeliness – Ruling On Merits

Cox v. State (MLW No. 67033/Case No. WD76549 – 8 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)

Jul 11, 2014

Criminal Law : Post-Conviction Motion – Escape Rule – Sentencing Claims

Davidson v. State (MLW No. 66594/Case No. SD32999 – 6 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)

Jan 2, 2014

Criminal Law : Post-Conviction Motion – Effectiveness Of Counsel – Speedy Trial

Giammanco v. State (MLW No. 65876/Case No. ED99209 – 15 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.)

Nov 27, 2013

Criminal Law : Post-Conviction Motion – Mistaken Advice

Scott v. State (MLW No. 65769/Case No. WD75861 – 13 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)

Dec 27, 2012

Criminal Law: Post-Conviction Motion – Effectiveness Of Counsel – Lesser-Included Offense

Stewart v. State (MLW No. 64485/Case No. SD31817 – 10 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)

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