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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 […]
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 […]
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)
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.)
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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