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Successive Motion

Sep 17, 2019

Criminal Law: Motion to Correct Sentence-Successive Motion-Prior Violent Felonies

Defendant filed a successive motion to correct his sentence. The district court determined that defendant had four prior convictions for violent felonies. After a Supreme Court ruling deemed one of his convictions not a violent felony, defendant unsuccessfully moved to correct his sentence, arguing that other court precedent would remove the violent-felony designation on another […]

Mar 5, 2019

Criminal Law: Sentencing-ACCA-Successive Motion

Where a defendant challenged the denial of his second motion to vacate his mandatory minimum sentence under the Armed Career Criminal Act, the defendant’s application properly relied on Johnson v. United States, but the district court properly denied the successive motion because the defendant did not show that the new rule had a nexus to […]

Jun 30, 2017

Criminal Law : Post-Conviction Relief – Successive Motion – Premature Motion

McKay v. State (MLW No. 70704/Case No. SC95909 – 12 pages) (Supreme Court of Missouri, Stith, J.; Breckenridge, C.J., Fischer, Draper, Wilson and Russell, JJ., concur; Powell, J., not participating)

Jun 30, 2016

Criminal Law : Post-Conviction Relief – Successive Motion

McKay v. State (MLW No. 69354/Case No. ED103549 – 7 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)

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