SCHLEEPER v. STATE

Nos. 80601, 80852 and 80942.

982 S.W.2d 252 (1998)

Neil SCHLEEPER, Appellant, v. STATE of Missouri, Respondent. Roy Roberts, Appellant, v. State of Missouri, Respondent. Bruce Kilgore, Appellant, v. State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 19, 1999.


Attorney(s) appearing for the Case

Dave Hemingway, St.Louis, for Appellant in No. 80601.

Cinda J. Eichler, Office of State Public Defender, Columbia, for Appellant in No. 80852.

Stephen J. Harris, Office of State Public Defender, Columbia, for Appellant in No. 80942.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, for Respondent in No.80601.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, for Respondent in Nos. 80852, 80942.


WILLIAM RAY PRICE, Jr., Judge.

This case involves the construction of section 547.360 under which appellants have each filed a second motion for post-conviction relief. Each appellant had previously sought relief, unsuccessfully, pursuant to Rule 29.15 or its predecessor Rule 27.26. Because we conclude that section 547.360 does not provide a second procedure independent of Rule 27.26 or Rule 29.15, we affirm the trial courts' judgments denying relief.

I....

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