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STATE EX REL. JAY v. SHEFFIELD

No. 28941.

272 S.W.3d 277 (2008)

STATE of Missouri, ex rel. Jeremiah W. JAY, Relator, v. The Honorable Mary SHEFFIELD and Phyllis Staley, Respondents.

Missouri Court of Appeals, Southern District, Division One.

Petition for Rehearing or Reconsideration Transfer Denied November 4, 2008.

Application for Transfer Denied January 27, 2009.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Ronald S. Ribaudo, Office of Atty. Gen., Jefferson City, for relator.

Michael P. Joyce, Van Osdol & Magruder, P.C., Kansas City, for respondents.

DANIEL E. SCOTT, Presiding Judge.

After Clayton Price lost his criminal appeal, his lawyer was to file and handle a Rule 29.151 motion for post-conviction relief (PCR), but missed the filing deadline. Price later sought relief by habeas corpus, which Respondent Sheffield2 granted, purporting to vacate the conviction and remand the case for retrial. We granted certiorari...

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