Missouri Court of Appeals, 1999

Laudenslager v. State

Laudenslager v. State
Missouri Court of Appeals · Decided February 23, 1999 · Crane, Mooney, Simon
986 S.W.2d 926; 1999 Mo. App. LEXIS 205; 1999 WL 160859 (South Western Reporter, Second Series)

Laudenslager v. State

Opinion of the Court

MEMORANDUM DECISION

PER CURIAM.

Cindy Laudenslager, Movant, appeals the judgment dismissing her Rule 24.035 motion for post-conviction relief as untimely. Mov-ant acknowledges that her pro se motion was *927untimely because she did not file it within 90 days after her delivery to the Missouri Department of Corrections as required by Rule 24.035(b). However, she challenges the constitutionality of the absolute filing deadline imposed by rule 24.035. The Missouri Supreme Court has addressed this issue and held that the time limits in Rule 24.035 are constitutional and mandatory. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989), cert. denied sub nom. Walker v. Missouri, 493 U.S. 866, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989). Therefore, Movant’s point is without merit.

We have reviewed the briefs of the parties and the record on appeal and conclude that the trial court’s determination is not clearly erroneous. Rule 24.035(k); State v. Blankenship, 830 S.W.2d 1, 16 (Mo. bane 1992). An extended opinion would have no prece-dential value. We affirm the judgment pursuant to Rule 84.16(b).

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