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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. […]
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 […]
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)
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)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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
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