Under Missouri law, a criminal appeal must be filed with the trial court clerk within 10 days of the final judgment. The judgment is considered final when one of the following happens:
For two decades, a man in Missouri was jailed for a crime he says he didn't commit. After a number of failed appeals, a judge has ruled that the conviction should be overturned because of issues with the fairness of the original trial. The judge has left the case open for another trial should the prosecuting attorney refile charges. The man's attorney says they are hopeful that won't happen.
A Missouri man convicted of armed robbery back in 2000 is currently battling the state’s attempt to incarcerate him for that conviction years after the fact. After his conviction, authorities reportedly failed to notify him when to turn himself in to corrections due to a clerical error. Hearing nothing, the man simply went about his life.
When someone in the state of Missouri is arrested and charged with a crime in a state court, that charge is based on the violation of a state law. Criminal laws in Missouri cover a wide range of topics and were last updated in 1979. If some Missouri lawmakers get their way however, the criminal code will be updated soon. A 1,100 page bill regarding the matter is currently being debated.
When folks in Missouri are convicted of a crime, that does not necessarily bring their case to a conclusion. Many people choose to appeal their conviction in the hope that evidence that was misinterpreted or not properly considered could exonerate them. A possible loophole in Missouri law could have a lot of people scrambling to appeal their conviction on drunk driving charges.
One of the threads in this blog is criminal appeals. We have looked, for example, at issues such as appeals of search and seizure rulings, as we did in our May 22 post.
Technically it's not a partial federal government shutdown. The more precise term is "lapse in appropriations." More and more, however, people around the country are coming to recognize a shutdown when they see one.
In Missouri and across the nation, criminal sentencing systems tend to be quite complex. Some states, and the federal government, have strict sentencing guidelines that make for a determinate system. Others grant judges a great deal of discretion when issuing sentences, using a system called indeterminate sentencing.
Very few criminal appeals go all the way up to the U.S. Supreme Court. Indeed, very few cases of any type get a place on the Court's crowded docket.