Missouri Court of Appeals, Western District / Oct 6, 2020
Stacey I.M. Morehead vs. State of Missouri
Stacey Morehead appealed the denial of her Rule 24.035 motion for post-conviction relief, claiming ineffective assistance of counsel. The appellate court, however, determined that her motion was untimely. It held that the 180-day time limit for filing such motions begins when a movant is first delivered to the Department of Corrections for a Court Ordered Detention Sanction (CODS) program, even if it is a condition of probation. Consequently, the court dismissed the appeal and remanded the case with directions to the motion court to dismiss Morehead's motion as untimely.