ROBERTSON, Judge.
There are two issues before the Court in this case: First, whether the ninety days permitted by Rule 24.035 for filing a post-conviction motion begin to run upon sentencing or upon physical delivery of the movant to the custody of the Department of Corrections; second, whether Rule 51.05, which permits a change of judge without cause in a civil action, applies to Rule 24.035 motions. The Court of Appeals, Western District, held that the ninety days...
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