State ex rel. Bailey v. Honorable Fulton
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The Supreme Court granted a preliminary writ of prohibition ordering the circuit court to take no further action in the underlying criminal matter other than dismissing the Washington County prosecuting attorney's motion to vacate or set aside Michael Politte's second-degree murder conviction, holding that the writ was warranted.
Politte was convicted in the circuit court of St. Francois County of second degree murder and sentenced to life in prison. The Washington County prosecuting attorney later filed a motion seeking to vacate or set aside Politte's conviction under Mo. Rev. Stat. 547.031. After the attorney general's motion to dismiss was overruled, the attorney general sought a writ prohibiting the circuit court from taking any action other than to dismiss the prosecuting attorney's motion to vacate or set aside Politte's conviction. The Supreme Court issued a writ of prohibition, holding that the motion to vacate or set aside Politte's conviction failed to comply with the requirements of Mo. Rev. Stat. 547.031.
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