Supreme Court of Missouri

Jesse v. Dorris v. State of Missouri, Respondent Jose Luis Lopez-McCurdy, Jr. v. State of Missouri, Respondent Louis…

January 17, 20122012 Mo. LEXIS 5

Summary

The Court held that the mandatory filing deadlines in Rules 29.15 and 24.035 cannot be waived by the State because an untimely filing produces the complete waiver specified by the Rules, and the motion court therefore lacks authority to decide the claims on their merits. It affirmed dismissal of Dorris's and Lopez-McCurdy's motions because they were untimely, but vacated and remanded Hill's case for a hearing on whether the court misfiled a motion he allegedly delivered timely. No separate opinions were filed.