Legal Opinion

State v. Vivone

Missouri Court of Appeals

Decided July 23, 1999No. 17355PublishedCited by 7 opinions

1Opinion of the Court

KENNETH W. SHRUM, Judge.

Thomas Vivone (Defendant) pleaded not guilty by reason of mental disease or defect to the charge of murder in the first degree, § 565.020.1.1 He was convicted by a jury and sentenced to life imprisonment without eligibility for parole. This court ruled in State v. Vivone, 857 S.W.2d 489 (Mo.App.1993) (en banc), that Defendant had abandoned or waived his initial appeal of the judgment of conviction and sentence. Id. at 491 [1]. On November 4, 1998, this court withdrew its mandate in Defendant’s direct appeal (No. 17355).2 This appeal followed. We affirm.

FACTS

Defendant…

2Cases cited39 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Rose v. ClarkSupreme Court of the United States · 1986
  5. Clemons v. MississippiSupreme Court of the United States · 1990

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3Cited by7 opinions

  1. Shifkowski v. StateMissouri Court of Appeals · 2004
  2. State v. BallardMissouri Court of Appeals · 1999
  3. State v. GoucherMissouri Court of Appeals · 2003
  4. State v. McLartyMissouri Court of Appeals · 2010
  5. State v. KnightMissouri Court of Appeals · 2011

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