Missouri Court of Appeals, 1995

Joseph v. State

Joseph v. State
Missouri Court of Appeals · Decided May 30, 1995 · Crahan, Gaertner, Reinhard
903 S.W.2d 575; 1995 Mo. App. LEXIS 1022; 1995 WL 319229 (South Western Reporter, Second Series)

Joseph v. State

Opinion of the Court

ORDER

PER CURIAM.

Movant pleaded guilty to one count of possession of a controlled substance, § 195.202, RSMo 1994. Movant was sentenced to a three year term of imprisonment. He was delivered to the custody of the Missouri Department of Corrections on October 14,1993. He filed a Rule 24.035 motion for post-conviction relief on March 7, 1994, which was denied as untimely.

On appeal, movant contends the mandatory time limits of Rule 24.035 violate due process, equal protection and federal habeas corpus rights. We deny movant’s point. The time constraints of Rule 24.035 are constitutionally valid and are mandatory by their terms. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989). The constraints do not violate the rights of due process or equal protection. Dwyer v. State, 781 S.W.2d 574 (Mo.App. 1989). They do not constitute a suspension of the right to relief under habeas corpus. White v. State, 779 S.W.2d 571, 573 (Mo. banc 1989).

Judgment affirmed pursuant to Rule 84.16(b)(2).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.