Section 27 Postconviction ChallengestoCertification

• Library: Juvenile Law 2011

Several challenges have been made to juvenile court dismissal proceedings through postconviction relief sought by a motion to vacate or a motion to set aside. This relief was previously provided under Rule 27.26, which was repealed effective January 1, 1988. Often, these motions sought relief after a guilty plea. The appellate courts have held that the entry of a guilty plea waives any objections the defendant may have had to the juvenile court’s dismissal to allow prosecution under the general law. See:

· Jefferson v. State, 442 S.W.2d 6 (Mo. 1969)

· Haliburton v. State, 617 S.W.2d 417 (Mo. App. W.D. 1981)

· Brown v. State, 581 S.W.2d 407 (Mo...