Missouri Court of Appeals, 2012

McKinney v. State

McKinney v. State
Missouri Court of Appeals · Decided September 18, 2012 · Amburg, Cohen, Odenwald
384 S.W.3d 344; 2012 WL 4086720; 2012 Mo. App. LEXIS 1162 (South Western Reporter, Third Series)

McKinney v. State

Opinion of the Court

ORDER

PER CURIAM.

Kevin McKinney (Movant) appeals the judgment of the Circuit Court of St. Louis County dismissing his Rule 24.035 motion for post-conviction relief and denying his request for an evidentiary hearing. Mov-ant asserts that the motion court clearly erred in dismissing his claims on the grounds that his motion was: (1) untimely, and (2) not cognizable because he had not been delivered to the Missouri Department of Corrections (DOC).

We have reviewed the briefs of the parties and the record on appeal and find the motion court’s decision was not clearly erroneous. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision.

We affirm the judgment pursuant to Rule 84.16(b).

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