HOWARD ROBERTS, Movant- Missouri Cases

The State of Missouri appealed an "Amended Order and Judgment" from the motion court, which granted Howard Roberts' Rule 29.15 motion for post-conviction relief, vacated his conviction and sentence, ordered a new trial, and directed his immediate release. The appellate court dismissed the appeal, finding the Amended Order was not a final judgment because it failed to adjudicate all of Roberts' viable claims. Additionally, the court vacated the portion of the order releasing Roberts, holding that Rule 30.17 mandates a defendant remain in custody during the State's appeal of a post-conviction relief order.