Legal Opinion

Vollmer v. State

Missouri Court of Appeals

Decided June 20, 1989No. 55391PublishedCited by 7 opinions

1Opinion of the Court

CRIST, Judge.

Movant appeals the dismissal of his Rule 24.035 motion as untimely filed. We affirm.

Movant pled guilty to one count of second degree murder and was sentenced on January 26,1988, to a term of thirty years’ imprisonment. Movant was delivered to the department of corrections on February 9, 1988.

Movant’s 24.035 motion was filed with the circuit clerk on May 11, 1988. The circuit court dismissed movant’s motion pursuant to Rule 24.035(b) because it was filed more than ninety days after movant was delivered to the department of corrections.

Movant asserts on appeal his motion should be…

2Cases cited3 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Day v. StateSupreme Court of Missouri · 1989
  3. State v. JohnsonMissouri Court of Appeals · 1975

3Cited by7 opinions

  1. Benbow v. StateMississippi Supreme Court · 1993
  2. Unnerstall v. StateMissouri Court of Appeals · 2001
  3. Seward v. StateMissouri Court of Appeals · 1993
  4. Daniels v. StateMissouri Court of Appeals · 2000
  5. Espinal v. StateNew York Court of Claims · 1993

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