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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-02-16
Type Cc Motn, Rules 29.15 Or 24.035
Docket 73 entries
Disposition Tried by Court-Civil

Parties

Defendant State Of Missouri
Photo of Hon. Devine Joshua Calvin

Judge

Hon. Devine Joshua Calvin

Missouri

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Docket Entries

  1. <td></td><td></td><td></td>
  2. Notice notice of entry and copy of judgment mailed to movant this date (rl)
  3. Judgment Entered
  4. Tried by Court-Civil
  5. Order The Court enters the Findings of Fact, Conclusions of Law, and Final Judgment signed today's date. Pursuant to said judgment, Movant's conviction and sentence in Boone County Case No. 19BA-CR02691-01 is VACATED and SET ASIDE based on Movant's claims 8(b), 8(m), 8(p), 8(q), and 8(r), and the setting of a jury trial is ordered in said case. Further, bond is set at $100,000 cash only, which the Court notes is the amount of the original bond posted by Movant in Boone County Case No. 19BA-CR02691-01. Bond shall be on the same conditions as set forth in the Court?s Order dated March 21, 2022 in said case. JCD/IV (rl)
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  7. Propsd/Sugg Findings of Fact States Proposed Findings of Fact, Conclusions of Law and Judgment; Electronic Filing Certificate of Service. Filed By: CRAIG ALLAN JOHNSTON On Behalf Of: STATE OF MISSOURI
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  9. Order Granting Ext of Time For good cause shown, and without objection from Movant, the State's Unopposed Motion for Extension of Time to File Proposed Findings filed 10-15-23 is GRANTED. Accordingly, Respondent State of Missouri is granted leave of up to and including 10-26-23 to file its proposed findings of fact, conclusions of law, and judgment. JCD/IV (rl) Associated Entries: 10/15/2023 - Motion for Extension of Time +
  10. <td></td><td></td><td></td>
  11. Motion for Extension of Time Unopposed Motion for Extension of Time to File Proposed Findings; Electronic Filing Certificate of Service. Filed By: CRAIG ALLAN JOHNSTON Associated Entries: 10/16/2023 - Order Granting Ext of Time +
  12. <td></td><td></td><td></td>
  13. Order Granting Ext of Time For good cause shown, and without objection from Movant, the State's Unopposed Motion for Extension of Time to File Proposed Findings filed 9-28-23 is GRANTED. Accordingly, Respondent State of Missouri is granted leave of up to and including 10-16-23 to file its proposed findings of fact, conclusions of law, and judgment. JCD/IV (rl) Associated Entries: 09/28/2023 - Motion for Extension of Time +
  14. Motion for Extension of Time Unopposed Motion for Extension of Time to File Proposed Findings; Electronic Filing Certificate of Service. Filed By: CRAIG ALLAN JOHNSTON On Behalf Of: STATE OF MISSOURI Associated Entries: 09/28/2023 - Order Granting Ext of Time +
  15. <td></td><td></td><td></td>
  16. Order Without objection, Movant's Motion to Substitute Exhibit 16 filed 9-25-23 is GRANTED. JCD/IV (rl)
  17. <td></td><td></td><td></td>
  18. Motion Filed Motion to Substitute Exhibit 16, Movants Amended Motion to Set Aside or Correct the Judgment or Sentence; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  19. <td></td><td></td><td></td>
  20. Order The Court is in receipt of Movant's Proposed Findings of Fact and Conclusions of Law, as well as his Brief in Support of Motion to Set Aside Guilty Plea, both of which were filed on 9-18-23. Given the one week extension given by the Court to Movant's counsel for the filing of said pleadings, the Court hereby grants Respondent State of Missouri a one week extension of up to and including 10-2-23 to file its proposed findings of fact and conclusions of law, as well as any post-trial briefs it may wish to file. JCD/IV (rl)
  21. <td></td><td></td><td></td>
  22. Filing of Briefs Brief in Support of Motion to Set Aside Guilty Plea Under MO Sup Ct Rule 24.035 and 29.07d; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  23. Propsd/Sugg Findings of Fact Proposed Findings of Fact and Conclusions of Law; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  24. <td></td><td></td><td></td>
  25. Order Granting Ext of Time Without objection, Movant's Motion for Extension of Time to File Proposed Findings of Fact and Conclusions of Law filed 9-11-23 is GRANTED. Accordingly, Movant is granted leave of up to and including 9-18-23 to file said pleading. JCD/IV (rl)
  26. <td></td><td></td><td></td>
  27. Motion for Extension of Time MOTION FOR EXTENSION OF TIME TO FILE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  28. <td></td><td></td><td></td>
  29. Hearing Held Case called for PCR hearing. Movant appears in person in custody, having been transported to the courthouse from MoDOC today's date pursuant to a writ. Movant appears with Attorney Wyrsch. Respondent appears by Attorney Johnston. Movant adduces evidence and rests. No further evidence adduced. Movant shall file proposed findings of fact and conclusions of law by no later than 9-11-23. Movant may also file any post-trial briefs Movant may wish to file by said date. Respondent shall file proposed findings of fact and conclusions of law by no later than 9-25-23. Respondent may also file any post-trial briefs Respondent may wish to file by said date. This case will be taken under advisement on 9-25-23. Movant is ordered returned to MoDOC. Attorney Wyrsch is granted leave to withdraw Exhibits 1 through 17, which were the only exhibits admitted in this case. Exhibits 1 through 17 are returned to Attorney Wyrsch. JCD/IV (rl) Associated Entries: 04/19/2023 - Hearing Scheduled Scheduled For: 07/21/2023; 9:00 AM; JOSHUA CALVIN DEVINE; 1; Boone
  30. <td></td><td></td><td></td>
  31. Supplemental Filing Supplement to 9e of Movants 24.035 Motion; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  32. <td></td><td></td><td></td>
  33. Judge/Clerk - Note writ sent to facility this date
  34. <td></td><td></td><td></td>
  35. Writ Issued Writ issued this date
  36. <td></td><td></td><td></td>
  37. Other Proposed Document Filed Writ of Habeas Corpus Ad Testificandum; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  38. Application Filed Appliation for a Writ of Habeas Corpus Ad Testificandum; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  39. <td></td><td></td><td></td>
  40. Notice to Take Deposition Notice to Take Deposition Nicholas Komoroski; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  41. <td></td><td></td><td></td>
  42. Hearing/Trial Cancelled Associated Entries: 04/19/2023 - Hearing Scheduled + Scheduled For: 05/19/2023; 9:00 AM; JOSHUA CALVIN DEVINE; 2; Boone
  43. Order The Court exchanges e-mail correspondence with counsel for the parties today's date, advising that Division 4 will be hearing a jury trial in another case on 5-19-23. As such, the PCR hearing currently set in Division 4 on 5-19-23 is cancelled. Case remains set for PCR hearing as a first setting on 7-21-23 at 9am in Division 4. State ordered to prepare writ for in person appearance of Movant at said hearing. JCD/IV (rl)
  44. <td></td><td></td><td></td>
  45. Writ Requested Writ submitted for PCR hearing
  46. <td></td><td></td><td></td>
  47. Hearing Scheduled Associated Entries: 07/21/2023 - Hearing Held + Scheduled For: 07/21/2023; 9:00 AM; JOSHUA CALVIN DEVINE; 1; Boone
  48. Hearing Scheduled tentative Associated Entries: 05/05/2023 - Hearing/Trial Cancelled Scheduled For: 05/19/2023; 9:00 AM; JOSHUA CALVIN DEVINE; 2; Boone
  49. Order After consultation with the parties by e-mail, and without objection from Movant, the Motion for Continuance filed by the State of Missouri on 4-14-23 is granted. Accordingly, the PCR hearing currently set for 5-23-23 is cancelled. Case reset for PCR hearing as a second setting on 5-19-23 at 9am in Division 4. State ordered to prepare writ for in person appearance of Movant at said hearing. Further, in the event that the Court is unable to hear this case on 5-19-23 due to a jury trial currently set in another case, as a back-up, the Court sets this case for PCR hearing as a first setting on 7-21-23 at 9am in Division 4. State ordered to prepare writ for in person appearance of Movant at said hearing. JCD/IV (rl)
  50. <td></td><td></td><td></td>
  51. Hearing/Trial Cancelled Associated Entries: 03/25/2023 - Hearing Continued/Rescheduled Associated Entries: 03/27/2023 - Hearing Scheduled + Scheduled For: 05/23/2023; 9:00 AM; JOSHUA CALVIN DEVINE; Boone
  52. Response Filed RESPONSE TO MOTION FOR CONTINUANCE; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  53. <td></td><td></td><td></td>
  54. Motion for Continuance Motion for Continuance; Electronic Filing Certificate of Service. Filed By: CRAIG ALLAN JOHNSTON On Behalf Of: STATE OF MISSOURI
  55. <td></td><td></td><td></td>
  56. Writ Issued Writ issued this date
  57. Proposed Order Filed Proposed writ.
  58. Hearing Scheduled PCR Associated Entries: 04/18/2023 - Hearing/Trial Cancelled Scheduled For: 05/23/2023; 9:00 AM; JOSHUA CALVIN DEVINE; Boone
  59. <td></td><td></td><td></td>
  60. Hearing Continued/Rescheduled Associated Entries: 03/21/2023 - Hearing Scheduled + Associated Entries: 04/18/2023 - Hearing/Trial Cancelled Hearing Continued From: 05/04/2023; 8:30 AM Hearing
  61. Order The Court exchanges e-mail correspondence today's date with counsel for Movant and State regarding Movant's Request for Addition Time filed 3-24-23. By agreement, and due to the limited availability of Division 4 on 5-4-23, the PCR hearing currently scheduled for said date is cancelled and reset for 5-23-23 at 9am in Division 4. State ordered to prepare writ for in person appearance of Movant at PCR hearing. JCD/IV (rl)
  62. <td></td><td></td><td></td>
  63. Request Filed Request for Additional Time for a Hearing on Movants Motion Pursuant to Mo S. Ct. Rule 24.035; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  64. <td></td><td></td><td></td>
  65. Hearing Scheduled PCR Associated Entries: 03/25/2023 - Hearing Continued/Rescheduled Scheduled For: 05/04/2023; 8:30 AM; JOSHUA CALVIN DEVINE; Boone
  66. Order At parties' request, case set for two-hour PCR hearing by DOC video on 5-4-23 at 8:30 a.m. in Division 4. Video writ to issue. If either party anticipates needing more than two-hours for said hearing, they should so notify the Court by filing a request for additional time on Case.Net. JCD/IV (rl)
  67. Request for Hearing Motion for Hearing Regarding Movants Mo S. Ct. Rule 24.035 Motion; Electronic Filing Certificate of Service. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  68. <td></td><td></td><td></td>
  69. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: CRAIG ALLAN JOHNSTON
  70. <td></td><td></td><td></td>
  71. Amended Motion/Petition Filed AMENDED Motion to Vacate, Set Aside or Correct the Judgment or Sentence; Exhibit A - 31.10; Exhibit B - Indictment; Exhibit C - 18.02; Exhibit D - Search Warrant 8-27-19; Exhibit E - Motion to Exclude Testimony; Exhibit F - Order and Memorandum; Exhibit G - Search Warrant 7-3-19. Filed By: JAMES R WYRSCH On Behalf Of: CHARLES WADDILL
  72. <td></td><td></td><td></td>
  73. Filing Info Sheet eFiling

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