Mandamus to Overturn Conviction

[specialk]

My question involves criminal law for the state of:Missouri....I pled guilty to two (2) counts of felony non-support that covered a two year period,spent time in prison,etc., etc. I found out that the child was emancipated by law before this two year period meaning that a crime never occured. This also means that the state lacked jurisdiction in this matter,therefore, I believe that a writ of mandamus would lie since it is used to correct a court that has exceeded it's jurisdiction. I believe it would also apply because i do not believe that I have any other remedy available.(Any and all normal PCR options are not available---- it has taken SEVEN years to extract this information from the state in writing to prove the emancipation date of said child.

[Mr. Knowitall]

The form of emancipation relevant to your support obligation would be if the child was emancipated with the court that ordered child support payments, thus terminating your support obligation, and that an arrearage nonetheless resulted. Even then, it would only matter if the arrearage that resulted in charges accrued after emancipation. With no offense intended, it sounds like your nonsupport and nonvisitation started a long time before that, as evidenced by the fact that you had no conception of your child's living arrangements at the time you should have sought modification of the support order, at the time you were charged, and apparently also for the seven years that followed. Perhaps you can better explain what happened.

As for trying to set your conviction aside after a guilty plea and the passage of thus much time, your chances are small and I suggest working with a very good lawyer.

[specialk]

I could explain but it would be to lengthy...............let's try this .....arrested without probable cause,the state committing perjury at every turn including in front of a grand jury,a violation of every right as it pertains to a criminal prosecution,a lawyer that does not defend you and in fact steals your money.Case has ended in july 2008,it started nearly seven years ago.Emancipation is determined by law in missouri, not the judge.(rsmo.452.340). Said child was emancipated by law before the period that I was charged with non-support,therefore, no court had any jurisdiction and that is how I have arrived at mandamus.Let's talk real law,you're not going to lose me............