Order dated December 20, 2022, re: Rules 24.035 and 29.15

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Supreme Court of Missouri
en banc

December 20, 2022
Effective July 1, 2023

In re:

(1) Repeal of subdivision (m) of subdivision 24.035, entitled "Conviction After Guilty Plea – Correction," of Rule 24, entitled "Misdemeanors or Felonies – Arraignment and Proceedings Before Trial," and in lieu thereof adoption of a new subdivision (m) of subdivision 24.035, entitled "Conviction After Guilty Plea – Correction."

(2) Repeal of subdivision (m) of subdivision 29.15, entitled "Conviction After Trial – Correction," of Rule 29, entitled "Misdemeanors or Felonies – Verdict, Sentence and New Trial," and in lieu thereof adoption of a new subdivision (m) of subdivision 29.15, entitled "Conviction After Trial – Correction." 

ORDER

1.  It is ordered that, effective July 1, 2023, subdivision (m) of subdivision 24.035 of Rule 24 be and the same is hereby repealed and a new subdivision (m) of subdivision 24.035 adopted in lieu thereof to read as follows:

24.035  CONVICTION AFTER GUILTY PLEA – CORRECTION

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(m) Schedule. For sentences pronounced on or after January 1, 2018, postconviction relief proceedings shall be governed by the provisions of Rule 24.035 in effect on the date of the movant’s sentencing. For sentences pronounced prior to January 1, 2018, postconviction relief proceedings shall continue to be governed by the provisions of Rule 24.035 in effect on the date the motion was filed or December 31, 2017, whichever is earlier. 

2.  It is ordered that effective July 1, 2023, subdivision (m) of subdivision 29.15 of Rule 29 be and the same is hereby repealed and a new subdivision(m) of subdivision 29.15 adopted in lieu thereof to read as follows:

29.15  CONVICTION AFTER TRIAL – CORRECTION

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(m) Schedule. For sentences pronounced on or after January 1, 2018, postconviction relief proceedings shall be governed by the provisions of Rule 29.15 in effect on the date of the movant’s sentencing. For sentences pronounced prior to January 1, 2018, postconviction relief proceedings shall continue to be governed by the provisions of Rule 29.15 in effect on the date the motion was filed or December 31, 2017, whichever is earlier.

3.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

4.  It is ordered that this order be published in the South Western Reporter.

Day – to – Day

______________________________
PAUL C. WILSON
Chief Justice

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