DocketNumber: No. SD 35339
Citation Numbers: 559 S.W.3d 446
Judges: Bates, Francis, Scott
Filed Date: 11/5/2018
Status: Precedential
Modified Date: 1/21/2022
*447Jamie Bell timely filed a pro se Rule 29.15 motion and counsel was appointed. Bell then retained different counsel who filed an untimely amended motion. Before either motion was ruled, our Supreme Court handed down Gittemeier v. State ,
Bell's sole point on appeal charges that the motion court abused its discretion and was fundamentally unfair in following Gittemeier .
Bell acknowledges cases like Thornton v. Denney ,
We disagree. Our supreme court's choice not to apply Bazell retroactively to final criminal cases where sentence has been executed and no appeal pends, see State ex rel. Windeknecht v. Mesmer ,
Gittemeier came down months before the motion court decided this case. Bell cites nothing in Bazell or elsewhere that authorizes trial judges to disregard controlling case law on issues then pending before them. Judgment affirmed.