Hall v. State

The Supreme Court vacated the judgment of the motion court overruling Appellant’s Rule 24.035 motion challenging her felony conviction for driving while intoxicated. The motion court overruled the motion after holding an evidentiary hearing. The court of appeals, acting sua sponte, vacated the judgment and remanded with instructions for the motion court to dismiss the motion as untimely. The Supreme Court granted transfer and remanded the matter for an evidentiary hearing to determine whether Appellant timely filed her Rule 24.035 motion, holding that, even though Appellant failed to plead and prove the timeliness of her Rule 24.035 motion, the state did not contest the timeliness of the motion, and therefore, Appellant was not given the opportunity to demonstrate that her motion was timely filed. View "Hall v. State" on Justia Law