Missouri Court of Appeals, Eastern District / Date unavailable
State of Missouri ex rel. Catherine Hanaway, Relator, v. Honorable Ryan J. Helfrich, Judge of Franklin County, Respondent.
The State of Missouri ex rel. Catherine Hanaway sought a writ of prohibition against Judge Ryan J. Helfrich after the circuit court modified Alan Wadlow's conviction from third-degree domestic assault to fourth-degree domestic assault. Wadlow had filed a motion for new trial and a subsequent motion for reconsideration, the latter of which was filed outside the mandatory 25-day period under Rule 29.11(b). The appellate court held that the untimely motion for reconsideration was a nullity, meaning the circuit court lacked authority to modify the judgment. Consequently, the court made its writ of prohibition permanent, reinstated the original felony conviction, and remanded the case for resentencing.