(Download) "State Missouri v. Lynda R. Branch" by Western District Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Lynda R. Branch
- Author : Western District Court of Appeals of Missouri
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The defendant Lynda Branch was charged with first degree murder, convicted by a jury, and sentenced to a term of life imprisonment
without possibility of parole for fifty years. That conviction was reversed and the cause remanded for a new trial. State
v. Branch, 757 S.W.2d 595 (Mo. App. 1988). The venue was changed to Boone County upon the remand, the cause was retried to
a jury, and the defendant Lynda Branch was again convicted of first degree murder, and sentenced to a term of life imprisonment
without possibility of parole for fifty years. The defendant filed a notice of appeal of the conviction and, then conformably with the procedures of Rule 29.15, brought
a post-conviction motion to set aside the conviction and sentence, and appealed the order that denied relief. Those appeals
were consolidated for our review. The State moved to dismiss appeal in this court on the ground that by her escape from lawful
custody and disobedience to the orders of the court, the defendant forfeited any right to call upon that same court for redress
in the same cause. The defendant had been released by the trial court on a $100,000 surety bond pending trial. One of the
conditions for release was that the accused obey the orders of the court to appear. Rule 33.01. She failed to appear as ordered
for sentencing on April 3, 1989, and the prosecutor moved for forfeiture of the bond. The hearing on the motion was scheduled
for May 1, 1989, and the court directed that a capias warrant issue to the sheriff for the defendant's arrest. She was found
in Moniteau County on about April 6, 1989, and returned to Boone County. She was brought before the court on April 10, 1989,
and sentenced to a term of life imprisonment without possibility of parole.
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