Reedus v. State
This text of 905 S.W.2d 526 (Reedus v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
Movant appeals from the motion court’s dismissal, for untimely filing, of his Rule 24.035 motion for post-conviction relief. We affirm.
Movant did not file his Rule 24.035 motion within the mandatory ninety day period after his delivery to the department of corrections. Rule 24.035(b). The motion court dismissed the motion as untimely. See id. Movant asserts the time limits contained in Rule 24.035 are invalid, unreasonable, unconstitutional and acts to improperly suspend the writ of habeas corpus. These contentions have been previously decided to have no merit. The time limits of Rule 24.035(b) are valid, reasonable and mandatory. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989), cert. denied sub. nom. Walker v. Missouri, 493 U.S. 866, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989). Further, Rule 24.035 does not operate as an unconstitutional suspension of the writ of habeas corpus. White v. State, 779 S.W.2d 571 (Mo. banc 1989).
Affirmed. Rule 84.16(b).
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Cite This Page — Counsel Stack
905 S.W.2d 526, 1995 Mo. App. LEXIS 1358, 1995 WL 434288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reedus-v-state-moctapp-1995.