NOLAN v. STATE

No. 72380.

959 S.W.2d 939 (1998)

Antonio NOLAN, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

January 20, 1998.


Attorney(s) appearing for the Case

Deborah B. Wafer, Asst. Public Defender, St. Louis, for movant/appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Daniel G. Cierpiot, Asst. Atty. Gen., Jefferson City, for respondent/respondent.


CRANE, Presiding Judge.

Movant, Antonio Nolan, appeals from the motion court's order dismissing without prejudice his motion for post-conviction relief under Rule 29.15. The motion court ruled that because movant's direct appeal was still pending, his Rule 29.15 motion was filed prematurely. Movant concedes that the motion was filed early, but maintains Rule 29.15 does not mandate the dismissal of a prematurely filed motion and argues that the motion court should...

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