State Ex Rel. Nixon v. Sheffield

DANIEL E. SCOTT, Presiding Judge.

After Clayton Price lost his criminal appeal, his lawyer was to file and handle a Rule 29.15 1 motion for post-conviction relief (PCR), but missed the filing deadline. Price later sought relief by ha-beas corpus, which Respondent Sheffield 2 granted, purporting to vacate the conviction and remand the case for retrial. We granted certiorari to determine if Respondent thereby exceeded her authority. 3

Background

A Taney County jury found Price guilty of sodomizing his fíancée’s six-year-old daughter. After Price’s trial counsel filed the new trial motion, he…