Legal Opinion

KENNETH STEWART v. STATE OF MISSOURI

Missouri Court of Appeals

Decided January 12, 2022No. SD37020Published

1Opinion of the Court

KENNETH STEWART, ) ) Appellant, ) ) No. SD37020 vs. ) ) Filed: January 12, 2022 STATE OF MISSOURI, ) ) Respondent. ) APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Calvin R. Holden, Judge VACATED AND REMANDED WITH DIRECTIONS Kenneth Stewart (“Movant”) appeals the motion court’s denial of his motion for post-conviction relief under Rule 29.15.1 Because Movant’s initial motion for post- conviction relief was untimely, the motion court lacked authority to determine the merits of Movant’s claim. We vacate and remand with directions to dismiss the initial motion as untimely filed and the…

2Cases cited9 opinions

  1. Luleff v. StateSupreme Court of Missouri · 1991
  2. Price v. StateSupreme Court of Missouri · 2014
  3. Swallow v. StateSupreme Court of Missouri · 2013
  4. Mark D. Vogl v. State of MissouriSupreme Court of Missouri · 2014
  5. Watson v. StateSupreme Court of Missouri · 2017

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