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DORRIS v. STATE

Nos. SC 91652, SC 91713, SC 91767.

360 S.W.3d 260 (2012)

Jesse V. DORRIS, Appellant, v. STATE of Missouri, Respondent. Jose Luis Lopez-McCurdy, Jr., Appellant, v. State of Missouri, Respondent. Louis Hill, Appellant, v. State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

January 17, 2012.

Attorney(s) appearing for the Case

Gwenda R. Robinson , Public Defender's Office, St. Louis, for Dorris.

James B. Farnsworth , Evan J. Buchheim , Attorney General's Office, Robert J. (Jeff) Bartholomew Jr. , Jefferson City, for the state.

Mark A. Grothoff , Public Defender's Office, Columbia, for Lopez-McCurdy.

Rosalynn Koch , Public Defender's Office, Columbia, for Hill.

WILLIAM RAY PRICE, JR., Judge.

Jesse V. Dorris, Jose Luis Lopez-McCurdy, Jr., and Louis Hill (collectively "Movants") were denied the right to appeal their post-conviction relief motions on the merits because they were filed out of time. The State did not raise the issue of timeliness below. Because Rules 29.15 and 24.035 ("the Rules") state that failure to file a motion within the time provided by the Rules "shall constitute a complete waiver of any right to proceed...

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