LAWS MOTIONS LINKSI have been checking out your page and have some questions that maybe you can answer for me. I would like to know from the time of sentencing how long before the new trial motions have to be in? After that what motion has to be filed and how long? We need to know this because the attorney that we paid 25,000.00 has had his number disconnected, his office is closed and he has messed up this case so badly that it is so sad. What is the time limit on the appeal papers. I don't know where to go for help on this. there is an innocent man that is sitting in prison for a very very long time because of his attorney. if you could help me in anyway please contact me.
If you can as soon as possible. Thank you so much. Davette Wodkowski
People’s Legal Front 309 N. Jefferson, suite 220 Springfield, Missouri 65806 June 1, 1999 RE: Missouri Appeals Process Attention: DAVETTE WODKOWSKI Dear Davette: My name is Lee Martin, and I am the president of the People's Legal Front, Inc. I do not know what state you are from. If you are not from the State of Missouri, what I am about to tell you may not apply. You should follow the statutes and rules of
your state.
For the State of Missouri the Missouri Supreme Court Rule 29.11 governs motions for New Trial. Rule 29.11 (b) state that Motion for New Trial shall be filed within fifteen days after the return
of the verdict. The Court, for good cause shown, may extended the filing for an additional period of 10 days. I do not know in your case when sentencing was held but if after 25 days you may not have a 29.11 remedy. In the State of Missouri the Missouri Supreme Court Rules allow for two alternatives for the the correction of a conviction. They are Missouri Supreme Court Rule
29.15 and
24.035. 29.15 provides for correction after conviction by judge or jury. The rule 24.035 deals with conviction by and through the defendant's plea of guilty, and thus no trial was held. Again, I do
not know your particular situation. I believe that upon sentencing most judges inform the convicted of the rights provided under these two rules. I also believe that one has 90 days to file the appropriate motion. It can be filed in forma pauperis and
an attorney could be appointed to continue through the post trial remedies. I think the convicted will be given access to the prison law library once put into the system. That way if he fails to timely file a post trial motion it is his fault.
The LAWS page provided will take you to the rules, statutes, and admenistrative codes for the state of Missouri. If you need other state laws I suggest that you go to the links page and go to the WWLIA, or
the House of Representatives Law Library these sites should give you the exact information that is if the House of Representatives keep their site update. The WWLIA is a private organization, and their
information should not be considered authentic.
If I have helped you please feel free to help us by noticing our donation page. We are busy trying to help all people by acquiring more of the public record and making it available to the public, via the internet and hopefully with the help of you and
others we will be able to begin to supply the County Jails with the basic of legal material.
If I can be of future help or information please feel free to contact me. I am sorry about the delay in my response I have been away from the computer.
Sincerely, Lee Martin, President People's Legal Front Inc.