DocketNumber: No. 73501
Citation Numbers: 976 S.W.2d 581
Judges: Dowd, Hoff, Karohl
Filed Date: 9/8/1998
Status: Precedential
Modified Date: 10/1/2021
ORDER
Kent Travis Moss (Movant) appeals from the judgment dismissing his Rule 24.035 motion for post-conviction relief as untimely.
This issue has been previously addressed by the Missouri Supreme Court, who held that the time limits in Rule 24.035 are constitutional and mandatory. Day v. State, 770 S.W.2d 692, 695 (Mo. banc 1989), cert. denied sub nom. Walker v. Missouri, 493 U.S. 866, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989); See also, State v. Blankenship, 830 S.W.2d 1, 16 (Mo. banc 1992); State v. Twenter, 818 S.W.2d 628, 644 (Mo. banc 1991). The Supreme Court has specifically noted that the time limits “serve the legitimate end of avoiding delay in the processing of prisoners claims and prevent the litigation of stale claims.” Day, 770 S.W.2d at 695.
The trial court did not clearly err in dismissing Movant’s Rule 24.035 motion as untimely. Rule 24.035(k); State v. Blankenship, 830 S.W.2d 1, 16 (Mo. banc 1992). An extended opinion would have no precedential value. We affirm the judgment pursuant to Rule 84.16(b).