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Photo of Missouri Southern Appellate Court

Court

Missouri Southern Appellate Court

Missouri

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Case Information

Filed 2023-11-16
Type Ap Writ Of Habeas Corpus
Docket 64 entries

Docket Entries

  1. ot to Proc in Forma Pauperis Motion to File Writ of Habeas Corpus In Forma Pauperis. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON Associated Entries: 11/16/2023 - Granted
  2. ustained Associated Entries: 12/03/2024 - Appl for Tran SC Filed in SC +
  3. ppl for Tran SC Filed in SC SC100870 Associated Entries: 01/28/2025 - Sustained
  4. otice-Filing App/Trans in SC Notice of Intent to File Application for Transfer; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER
  5. enied Associated Entries: 11/20/2024 - Motion to Stay + Associated Entries: 11/20/2024 - Motion to Shorten Time +
  6. uggestions in Support Suggestions in Support of Respondents Motion to Extend Stay; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY
  7. otion to Shorten Time Motion to Shorten Time; Electronic Filing Certificate of Service. Filed By: ANNA WILMESHER On Behalf Of: MICHELE BUCKNER Associated Entries: 11/21/2024 - Denied
  8. otion to Stay Motion for Extension of Stay; Electronic Filing Certificate of Service. Filed By: ANNA WILMESHER On Behalf Of: MICHELE BUCKNER Associated Entries: 11/21/2024 - Denied
  9. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ANNA WILMESHER On Behalf Of: MICHELE BUCKNER
  10. enied Now on this day, the court takes up and denies respondent's "Motion for Reconsideration by the Court En Banc or Rehearing Under Rule 84.17 or Application for Transfer Under Rules 83.02 and 84.24(m)," filed November 13, 2024. Associated Entries: 11/13/2024 - Mot for Rehearing/Tran to SC +
  11. ot for Rehearing/Tran to SC Motion for Reconsideration En Banc or Rehearing or Application for Transfer; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 11/15/2024 - Denied +
  12. ranted in Part/Denied in Part Now on this day, the Court takes up respondent's "Motion for Stay Pending Issuance of Mandate" and relator's "Statement in Support of Respondent's Motion for Stay Pending Issuance of Mandate." Having fully considered the same, the Court grants the motion in part, only as to this court's October 29, 2024, order directing the remand of the relator to the custody of the Sheriff of Phelps County. Relator's transfer of custody is hereby stayed through November 21, 2024. Respondent's motion is denied in all other respects. Associated Entries: 10/30/2024 - Motion to Stay +
  13. iling Statement in Support of Respondents Motion for Stay Pending Issuance of Mandate; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  14. otion to Stay Motion for Stay Pending Issuance of Mandate; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 11/06/2024 - Granted in Part/Denied in Part +
  15. rit Made Permanent Writ Granted Associated Entries: 10/29/2024 - Signed Majority Opinion +
  16. igned Majority Opinion Letter and Opinion emailed this date to the Honorable William E. Hickle. Associated Entries: 10/29/2024 - Writ Made Permanent +
  17. ral Argument Heard
  18. ase Docketed Oral argument scheduled for 11:00 a.m. on Thursday, October 10, 2024, in Poplar Bluff, Mo.
  19. ourt Order Issued Now on this day, the Court, sua sponte, takes up the matter of the oral argument scheduled herein. Having fully considered the matter, the Court hereby reschedules this case from 1:00 p.m. to 11:00 a.m. on Thursday, October 10, 2024, in the courtroom of the Missouri Court of Appeals in Poplar Bluff, Missouri.
  20. lerk Remark Oral Argument scheduled for October 10, 2024, at 1:00 p.m., in Poplar Bluff, Missouri. [RESCHEDULED VIA COURT ORDER]
  21. ourt Order Issued Order directs parties to address certain matters during oral argument.
  22. tricken Associated Entries: 07/30/2024 - Clerk Remark +
  23. ranted Associated Entries: 07/31/2024 - Filing +
  24. iling Stipulation Regarding Oral Argument and Request to Reset Oral Argument to October Docket; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON Associated Entries: 07/31/2024 - Granted
  25. lerk Remark Oral Argument scheduled for September 25, 2024, at 4:00 p.m., in Springfield, Missouri. [STRICKEN FROM DOCKET BY COURT ORDER. CASE WILL BE SCHEDULED FOR ORAL ARGUMENT ON A FUTURE DOCKET, TO BE HELD IN POPLAR BLUFF, MISSOURI, UNLESS THE COURT DETERMINES ORAL ARGUMENT WOULD NOT BE BENEFICIAL PURSUANT TO SOUTHERN DISTRICT SPECIAL RULE 1] Associated Entries: 07/31/2024 - Stricken
  26. otice Notice of Engaged Counsel; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  27. eq for Oral Argument Filed Case will be scheduled for oral argument on a future docket unless the Court determines that oral argument would not be beneficial pursuant to Southern District Special Rule 1(e).
  28. ase Removed From Submission
  29. ranted Associated Entries: 03/01/2024 - Motion for Oral Argument +
  30. lerk Remark Case submitted on briefs. [REMOVED FROM SUBMISSION BY COURT ORDER 4-JUN-2024]
  31. enied [RULING REVERSED AND MOTION GRANTED 04-JUN-2024] Associated Entries: 03/01/2024 - Motion for Oral Argument +
  32. otice Notice of Engaged Counsel; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  33. etitioner's Reply Brief Petitioners Reply Brief in Support of his Permanent Writ of Habeas Corpus; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  34. otion for Oral Argument Request for Oral Argument; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 03/18/2024 - Denied + Associated Entries: 06/04/2024 - Granted
  35. espondent's Brief Respondents Brief; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER
  36. ranted Until March 1, 2024 Associated Entries: 02/26/2024 - Mot Ext Time to File Brief +
  37. ot Ext Time to File Brief Unopposed First Motion for Extension of Time to File Brief; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 02/27/2024 - Granted Until +
  38. edacted Info Flng Sheet Filed CRIFS; Petitioners Brief Appendix - Unredacted; Electronic Filing Certificate of Service in associated to Petitioner filed on 02/05/2024. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  39. etitioner's Brief Petitioners Brief; Petitioners Brief Appendix - Redacted; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  40. xhibits Filed Index of Exhibits; Petitioners Exhibits 1-7 - Redacted; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  41. edacted Info Flng Sheet Filed Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 01/12/2024 - Writ Answer/Return +
  42. rit Answer/Return Answer to Petition for Writ of Habeas Corpus; Resp. Ex. A; Resp. Ex. B; Resp. Ex. C; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 01/12/2024 - Redacted Info Flng Sheet Filed
  43. ranted Until January 12, 2024 Associated Entries: 01/03/2024 - Motion for Extension of Time +
  44. otion for Extension of Time Unopposed First Motion for Extension of Time; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 01/04/2024 - Granted Until +
  45. aiver
  46. rit of Habeas Corpus Issued
  47. ranted The temporary confidential setting is now made permanent. Further, the Court orders that petitioner file a redacted version of the exhibits that redacts all confidential information on or before the due date for petitioner's brief. Associated Entries: 12/07/2023 - Motion to Correct Redaction +
  48. lerk Remark Respondent Buckner directed to file her answer to petitioner's petition for Writ of Habeas Corpus on or before January 4, 2024. [Cover letter and waiver amended to reflect correct Texas County case number. See docket entry for Writ of Habeas Corpus issued 12/19/2023]
  49. uggestions in Reply Petitioners Reply in Support of His Petition for Writ of Habeas Corpus and Suggestions in Support; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  50. ranted Until December 18, 2023 Associated Entries: 12/12/2023 - Mot to File Reply Suggestions +
  51. ot to File Reply Suggestions Petitioners Motion for Leave to File a Reply in Support of His Petition for Writ of Habeas Corpus; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON Associated Entries: 12/13/2023 - Granted Until +
  52. edacted Info Flng Sheet Filed CRIFS; Unredacted Exhibit A; Electronic Filing Certificate of Service in associated to Respondent's Requested Suggestions filed on 12/07/2023. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 12/07/2023 - Resp Requested Suggestions +
  53. esp Requested Suggestions Suggestions in Opposition to Granting Petition for a Writ of Habeas Corpus; Exhibit A; Electronic Filing Certificate of Service. Filed By: ANDREW JAMES CLARKE On Behalf Of: MICHELE BUCKNER Associated Entries: 12/07/2023 - Redacted Info Flng Sheet Filed +
  54. otion to Correct Redaction Motion to Correct Redaction; Electronic Filing Certificate of Service. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON Associated Entries: 12/19/2023 - Granted +
  55. rder to Show Cause Issued Now on this day, the Court takes up petitioner's petition for writ of habeas corpus. The Court hereby orders respondent, Michele Buckner, to file written suggestions on or before December 7, 2023, showing cause why this Court should not issue its writ based upon the allegations contained in petitioner's petition, including petitioner's allegation that any remedy must be restricted to remanding for resentencing as to count 1, only.
  56. cknowledgement Letter Sent
  57. lerk Remark Case assigned to division comprising Judges Sheffield, Goodman, and Borthwick.
  58. ivision Assigned Division Assigned - Division I Springfield; Case to be - Oral Argument Requested;
  59. rder Filed in Forma Pauperis
  60. ranted Associated Entries: 11/16/2023 - Mot to Proc in Forma Pauperis +
  61. iling Info Sheet eFiling Filed By: KATHARINE PATRICIA CURRY
  62. xhibits Filed Index of Exhibits; Exhibits. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  63. rit Filed in MO Ct of Appeals Petition for Writ of Habeas Corpus. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON
  64. rit Summary Filed Writ Summary. Filed By: KATHARINE PATRICIA CURRY On Behalf Of: ROBERT BRANSON

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