McKay v. State

Defendant was convicted of two counts of sale of a controlled substance and one count of unlawful possession of firearms. Defendant filed a motion for postconviction relief. The motion was premature because it was filed prior to a determination on appeal whether the judgment of conviction would be affirmed. After Defendant’s conviction was affirmed, Defendant filed a second postconviction motion alleging that the trial court erred in rejecting his speedy trial claim. The motion court dismissed the postconviction motion as “successive.” The Supreme Court vacated the dismissal of Defendant’s second postconviction and remanded, holding that, under the unusual facts of this case, the motion court should have treated the second motion as timely and as incorporating the first pro se motion. View "McKay v. State" on Justia Law