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Criminal Law: Post-Conviction Relief-Timeliness
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 […]
Criminal Law: Post-Conviction Relief-Timeliness-Abandonment
Where a defendant challenged the denial of post-conviction relief, the amended motion filed by post-conviction counsel was untimely, so the court clearly erred in failing to conduct an abandonment inquiry. Judgment is reversed and remanded. McAllister v. State (MLW No. 74962/Case No. ED107945 – 5 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed […]
Criminal Law: Guilty Plea-Motion to Withdraw-Timeliness
Where a defendant challenged the denial of his motion to withdraw his guilty plea, arguing that he was misled or induced to plead guilty, the challenge was to the voluntariness of his plea and was time-barred. Appeal is dismissed. State v. Wolf (MLW No. 74826/Case No. WD83075 – 8 pages) (Missouri Court of Appeals, Western […]
Criminal Law: Post-Conviction Relief-Pro Se Motion-Timeliness
Where a motion court overruled defendant’s pro se motion for post-conviction relief on the merits, the defendant failed to allege any facts showing that his motion was timely or that the untimely filing fell into a recognized exception, so the judgment is vacated and remanded for the court to enter an order dismissing the motion […]
Immigration: Removal-Timeliness
Where a petitioner from Mexico sought review of an order denying his motion to remand in which he argued that the immigration judge lacked statutory authority to enter an order of removal in absentia, the motion was untimely and the petition for review is denied. Petition denied. Solorzano-Guerrero v. Barr (MLW No. 74755/Case No. 19-2922 […]
Appellate Practice: Notice of Appeal-Timeliness-Mootness
Where the government brought an action to reduce tax assessments to judgment and enforce liens, and appellants challenged the district court’s entry of an order of sale, the notice of appeal was untimely as to certain orders, and the challenge to the order of sale was moot, so the appeal is dismissed. Appeal is dismissed. […]
Immigration: Removal Proceedings-Reconsideration-Timeliness
Petitioner, a citizen of The Gambia, petitioned for review of the denial of her motion to reconsider, reopen and terminate her removal proceedings Where petitioner’s motion was untimely and numerically barred and foreclosed by legal precedent, the Board of Immigration Appeals correctly denied reconsideration. Petition is denied. Goswell-Renner v. Barr (MLW No. 74401/Case No. 18-3758 […]
Criminal Law: Motion to Correct Sentence-Timeliness
Where a defendant moved to correct his sentence based on a decision that declared the residual clause of the Armed Career Criminal Act unconstitutional, the motion was untimely, so the judgment is affirmed. Judgment is affirmed. Warren v. U.S. (MLW No. 74148/Case No. 18-2542 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) […]
Criminal Law: Post-Conviction Relief-Pro Se 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 directions to dismiss the motion. Vacated. Gatling v. State (MLW No. 74065/Case No. ED107695 – 4 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., […]
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: Habeas Relief-Timeliness
Where a defendant challenged his sentence based on the U.S. Supreme Court’s decision in Johnson v. United States with the filing of a pro se letter seeking Section 2255 relief, the petition was untimely, and the judgment is affirmed because the defendant did not show an extraordinary circumstance and did not exercise reasonable diligence. Judgment […]
Criminal Law: Post-Conviction Relief-Timeliness
Where a defendant challenged the denial of post-conviction relief, the motion was due within 180 days of the defendant’s delivery to serve his sentence, so the pro se motion was untimely and is remanded for dismissal. Remanded. Marks v. State (MLW No. 73840/Case No. ED106973 – 3 pages) (Missouri Court of Appeals, Eastern District, Robert […]
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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