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STATE EX REL. MATTHEWS v. MALONEY

No. SC 86072.

155 S.W.3d 62 (2005)

STATE ex rel. Lonnie MATTHEWS, Relator, v. The Honorable Michael MALONEY, Respondent.

Supreme Court of Missouri, En Banc.

February 15, 2005.

Attorney(s) appearing for the Case

Michael J. Gunter, Kansas City, for relator.

Jeremiah W. (Jay) Nixon, Atty. Gen., Deborah Daniels, Andrew W. Hassell, Assistant Attorneys General, Jefferson City, Donald T. Norris, Clay County Prosecuting Attorney, Liberty, for respondent.

ORIGINAL PROCEEDING IN MANDAMUS

STEPHEN N. LIMBAUGH, JR., Judge.

This is an original proceeding in mandamus in which relator seeks an order directing respondent to request a report from the department of corrections and then to consider relator for release from custody under section 558.016.8, RSMo Supp.2003. The specific question presented is whether the conviction for which relator is incarcerated — the class D felony of attempted assault in the...

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