Legal Opinion

Vicory v. State

Missouri Court of Appeals

Decided August 18, 2003No. 25175PublishedCited by 4 opinions

1Opinion of the Court

NANCY STEFFEN RAHMEYER, Chief Judge.

Michael S. Vicory (“Movant”) appeals from the denial of his pro se Rule 74.06(b) 1 motion. 2 The trial court dismissed Mov-ant’s motion as a successive Rule 29.15 motion. On appeal, he argues that, because his Rule 74.06 motion neither attacked the judgment of his underlying criminal conviction, nor presented a request for relief that was cognizable under Rule 29.15, the trial court’s dismissal was erroneous. We affirm.

Movant sought relief under Rule 74.06 on the “Basis of Mistake, Inadvertence, Surprise or Excusable Neglect and Fraud, Misrepresentation, or…

2Cases cited5 opinions

  1. Luleff v. StateSupreme Court of Missouri · 1991
  2. Sanders v. StateSupreme Court of Missouri · 1991
  3. Vicory v. StateMissouri Court of Appeals · 2002
  4. Roath v. StateMissouri Court of Appeals · 1999
  5. State v. GivensMissouri Court of Appeals · 1993

3Cited by4 opinions

  1. Daugherty v. StateMissouri Court of Appeals · 2005
  2. Hill v. StateMissouri Court of Appeals · 2006
  3. Shifkowski v. StateMissouri Court of Appeals · 2006
  4. State v. McGeeMissouri Court of Appeals · 2013

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