Effective - 28 Aug 2001
547.037. Motion for release filed, when, procedure. — 1. If testing ordered pursuant to section 547.035 demonstrates a person's innocence of the crime for which the person is in custody, a motion for release may be filed in the sentencing court.
2. The court shall issue to the prosecutor an order to show cause why the motion should not be granted. The prosecutor shall file a response consenting to or opposing the motion.
3. If the prosecutor consents to the motion and if the court finds that such testing demonstrates the movant's innocence of the crime for which he or she is in custody, the court shall order the movant's release from the sentence for the crime for which testing occurred.
4. If the prosecutor files a response opposing the movant's release, the court shall conduct a hearing. If a hearing is ordered, the public defender shall be appointed to represent the movant if the movant is indigent. The hearing shall be on the record. The movant shall have the burden of proving the allegations of the motion by a preponderance of the evidence.
5. If the court finds that the testing ordered pursuant to section 547.035 demonstrates the movant's innocence of the crime for which he or she is in custody, the court shall order the movant's release from the sentence for the crime for which the testing occurred. Otherwise, relief shall be denied the movant.
6. The court shall issue findings of fact and conclusions of law whether or not a hearing is held. An appeal may be taken from the court's findings and conclusions as in other civil cases.
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(L. 2001 S.B. 267)
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.