Thomas v. State

ROBERTSON, Judge.

There are two issues before the Court in this case: First, whether the ninety days permitted by Rule 24.035 for filing a post-conviction motion begin to run upon sentencing or upon physical delivery of the movant to the custody of the Department of Corrections; second, whether Rule 51.-05, which permits a change of judge without cause in a civil action, applies to Rule 24.035 motions. The Court of Appeals, Western District, held that the ninety days permitted by Rule 24.035 begin to run on the date of sentencing. Because appellant, Leonard L. Thomas’, motion was not timely,…