Effective - 28 Aug 2021
547.031. Information of innocence of convicted person — prosecuting or circuit attorney may file to vacate or set aside judgment — procedure. — 1. A prosecuting or circuit attorney, in the jurisdiction in which a person was convicted of an offense, may file a motion to vacate or set aside the judgment at any time if he or she has information that the convicted person may be innocent or may have been erroneously convicted. The circuit court in which the person was convicted shall have jurisdiction and authority to consider, hear, and decide the motion.
2. Upon the filing of a motion to vacate or set aside the judgment, the court shall order a hearing and shall issue findings of fact and conclusions of law on all issues presented. The attorney general shall be given notice of hearing of such a motion by the circuit clerk and shall be permitted to appear, question witnesses, and make arguments in a hearing of such a motion.
3. The court shall grant the motion of the prosecuting or circuit attorney to vacate or set aside the judgment where the court finds that there is clear and convincing evidence of actual innocence or constitutional error at the original trial or plea that undermines the confidence in the judgment. In considering the motion, the court shall take into consideration the evidence presented at the original trial or plea; the evidence presented at any direct appeal or post-conviction proceedings, including state or federal habeas actions; and the information and evidence presented at the hearing on the motion.
4. The prosecuting attorney or circuit attorney shall have the authority and right to file and maintain an appeal of the denial or disposal of such a motion. The attorney general may file a motion to intervene and, in addition to such motion, file a motion to dismiss the motion to vacate or to set aside the judgment in any appeal filed by the prosecuting or circuit attorney.
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(L. 2021 S.B. 53 & 60)
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 547 - Appeals, New Trials and Exceptions
Section 547.020 - New trials — when granted.
Section 547.030 - Motion for new trial.
Section 547.037 - Motion for release filed, when, procedure.
Section 547.040 - Motion in arrest of judgment — abolished.
Section 547.050 - Court of its own motion may arrest judgment.
Section 547.060 - In cases of arrest, court may order prisoner recommitted.
Section 547.070 - Appeals — when granted.
Section 547.080 - Writs of error.
Section 547.090 - Appeals in felony cases, within what time.
Section 547.100 - Appeals in misdemeanor cases — procedure.
Section 547.110 - Transcript on appeal prepared by clerk, when.
Section 547.120 - Transcript prepared by appellant, when.
Section 547.130 - Stay of execution, when — exceptions.
Section 547.140 - Suspension of judgment.
Section 547.150 - Stay of proceedings and writ of error to be filed.
Section 547.160 - Sheriff to keep prisoner in custody, when.
Section 547.170 - Prisoner, when let to bail.
Section 547.180 - Condition of recognizance — felony cases.
Section 547.190 - Recognizance on appeal — misdemeanor cases.
Section 547.200 - Appeal by state.
Section 547.210 - Indictment or information insufficient, defendant held — state may appeal.
Section 547.220 - Defendant to make recognizance in cases of appeal.
Section 547.230 - State may sue out writ of error.
Section 547.240 - Recognizances, where certified.
Section 547.250 - Forfeiture, where certified.
Section 547.270 - No assignment, or joinder in error, necessary.
Section 547.280 - Errors as to time or place of imprisonment, no ground for reversal.
Section 547.290 - Supreme court shall direct execution of sentence, when.
Section 547.300 - Effect of affirmance or reversal.
Section 547.310 - Defendant ordered arrested, when.
Section 547.320 - Cause remanded, procedure.
Section 547.350 - Power of marshal in executing order.