DocketNumber: No. ED 97927
Citation Numbers: 391 S.W.3d 893
Judges: Dowd, Quigless, Richter
Filed Date: 1/29/2013
Status: Precedential
Modified Date: 10/2/2021
OPINION
Steven Wright (“Wright”) appeals from the Pike County Circuit Court’s denial of his motion for new trial. The court found Wright failed to demonstrate a constitutional violation or prejudice as the juror excusal process did not constitute a substantial failure to comply with the declared policy of Sections 494.400 to 494.505 RSMo.
I. FACTS AND PROCEDURAL BACKGROUND
In 2002, a jury convicted Wright of murder in the second degree, in violation of Section 565.021. He was sentenced to life imprisonment. On appeal, the conviction and sentence were affirmed. State v. Wright, 151 S.W.3d 836 (Mo.App. E.D. 2004). Wright’s motion for post-conviction relief was denied by the motion court and affirmed on appeal. Wright v. State, 206 S.W.3d 377 (Mo.App. E.D.2006).
Wright obtained newly-discovered evidence regarding the jury selection procedures used in 2002 pending his jury trial. In 2011, Wright filed a motion for new trial contending the jury selection procedures failed to substantially comply with Sections 494.400 to 494.505. The Pike County Circuit Court denied Wright’s motion for new trial, finding Wright failed to demonstrate a constitutional violation or prejudice. This appeal follows.
II. DISCUSSION
Wright appeals from the denial of his motion for new trial filed pursuant to Section 494.465.1, which provides, in pertinent part:
A party may move to stay the proceedings or for other appropriate relief including, in a criminal case, to quash the indictment if there has been a substantial failure to comply with the declared policy of sections 494.400 to 494.505 in selecting a grand jury, on the ground of substantial failure to comply with the provisions of sections 494.400 to 494.505. Such motion may be made ... within fourteen days after the moving party discovers or by the exercise of reasonable diligence could have discovered the ground therefore, whichever occurs later.
(Emphasis added).
The circuit court denied Wright’s motion finding it had statutory authority to rule under Section 494.465. However,
Here, the appropriate vehicle for relief under Section 494.465, when the right to appeal and post-conviction remedies are exhausted,
III. CONCLUSION
Although the circuit court denied Wright’s motion for new trial on the merits, the time for filing such motion had expired. Therefore, we vacate the judgment and remand with instructions to dismiss Wright’s motion. A motion for new trial is not the appropriate vehicle for relief under Section 494.465 when the time for filing has expired.
. All statutory references are to RSMo. (2000), unless otherwise noted.
. An amended motion for new trial is sufficient under Section 494.465 to preserve defendant’s claim for direct appeal within the appropriate timeframe. Koster, 376 S.W.3d at 54 n. 1.