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KNIGHT v. STATE

No. WD 56187.

985 S.W.2d 432 (1999)

Kurt Bradley KNIGHT, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

February 23, 1999.

Attorney(s) appearing for the Case

Andrew A. Schroeder, Asst. Public Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun J. Mackelprang, Asst. Atty. Gen., Jefferson City, for respondent.

PAUL M. SPINDEN, Judge.

Kurt Bradley Knight appeals the circuit court's judgment dismissing his motion for relief from his capital murder conviction. The circuit court dismissed his motion because he filed it beyond the 90-day deadline set by Rule 24.035. He appeals on the ground that he filed his motion pursuant to § 547.360, RSMo Supp.1997, and applying the 90-day deadline in that statute to him violates his due process rights because the General Assembly enacted...

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