Section 29.10 Appellate Jurisdiction

• Library: Criminal Practice 2012 Supp

D. (§29.10) Appellate Jurisdiction

As noted earlier, the right of appeal must be exercised in compliance with the appropriate statutes, and no court is allowed to hear an appellate case when it has not been specifically granted jurisdiction. Appellate jurisdiction in Missouri is governed by Mo. Const. art. V, §§ 3 and 4. In general, the court of appeals has appellate jurisdiction in all cases except for those few within the exclusive jurisdiction of the Supreme Court of Missouri. Article V, § 3, of the Missouri Constitution grants jurisdiction to the Supreme Court of Missouri in those cases “where the punishment imposed is death.” The Supreme Court hears death cases under the first degree murder statute. Section 565.020, RSMo 2000. See also Rule 30.18, which requires that all death penalty cases be heard en banc. The Supreme Court may also hear and decide a criminal case under the authority of Mo. Const. art. V, § 10, or for those reasons stated in Foremost-McKesson, Inc. v. Davis, 488 S.W.2d 193, 196 (Mo. banc 1972); see also State v. Richardson, 515 S.W.2d 557 (Mo. banc 1974).

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