Supreme Court of Missouri
en banc
May 25, 2018
Effective January 1, 2019
In re:
Repeal of subdivision 33.09, entitled "Misdemeanors or Felonies – Failure of Court to Set Conditions or Setting of Excessive Conditions for Release – Application to Higher Court," of Rule 33, entitled "Misdemeanors or Felonies – Release Pending Further Proceedings," and in lieu thereof adoption of a new subdivision 33.09, entitled "Misdemeanors or Felonies – Failure of Court to Set Conditions or Setting of Inadequate or Excessive Conditions for Release – Application to Higher Court."
ORDER
1. It is ordered that effective January 1, 2019, subdivision 33.09 of Rule 33 be and the same is hereby repealed and a new subdivision 33.09 adopted in lieu thereof to read as follows:
33.09 MISDEMEANORS OR FELONIES – FAILURE OF COURT TO SET CONDITIONS OR SETTING OF INADEQUATE OR EXCESSIVE CONDITIONS FOR RELEASE – APPLICATION TO HIGHER COURT
Pursuant to these rules, applicable statutes and constitutional provisions, if a court fails to set conditions for release, or sets inadequate or excessive conditions, an accused or the state may seek remedial writ relief in a higher court pursuant to Rule 84.24.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice