Dorris v. State
Annotate this CaseJesse Dorris, Jose Lopez-McCurdy and Louis Hill were denied the right to appeal their post-conviction relief motions on the merits because they were filed out of time. The State did not raise the issue of timeliness below. The Supreme Court (1) held that, pursuant to Mo. Sup. Ct. R. 29.15 and 24.035 (the Rules), the motion court had no authority to hear the motions, regardless of the State's failure to raise the issue, because the motions were filed out of time; (2) affirmed the dismissal of Dorris' and Lopez-McCurdy's cases because they were filed outside the mandatory time limits provided in the Rules and resulted in Dorris and Lopez-McCurdy completely waiving their post-conviction relief claims; and (3) remanded Hill's case for a hearing on the timeliness of his motion.
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