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WOLF v. STEELE

No. SD 29860.

290 S.W.3d 136 (2009)

In re John C. WOLF, Petitioner, v. Troy STEELE, Warden, Southeast Correctional Center, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

July 17, 2009.

Attorney(s) appearing for the Case

Ellen H. Flottman, Columbia, MO, for Petitioner.

Chris A. Koster, Attorney General, and Michael Pillane, Assistant Attorney General, Jefferson City, MO, for Respondent.

GARY W. LYNCH, Chief Judge.

John C. Wolf petitions for writ of habeas corpus, claiming that he is being illegally restrained of his liberty by Troy Steele, Warden of the Southwest Correctional Center ("Respondent"), because counsel in Wolf's underlying criminal case failed to file a timely notice of appeal following his conviction. Finding merit in Wolf's claim, this Court grants habeas corpus relief short of outright discharge.

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