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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33148
Experience:  Began practicing law in 1992
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I was wondering what is the statue of limitations on

Customer Question

I was wondering what is the statue of limitations on wrongful conviction?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: missouri
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: the person that was wrongfully convicted has passed away. 5 days in jail and he died
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 4 months ago.

Missouri doesn't actually have a cause of action called "wrongful conviction". If you can explain, briefly, what happened maybe I can pick out what the actual cause of action really would be.

Customer: replied 4 months ago.
my son was wrongfully convicted of rape of a child. the lawyer he had told him to settle for sodomy due to unable to pay her. he gave her $1000.00 but became unemployed because of this lie and was on disability due to an illness that he had. the child was his girlfriends daughter and she was in love with my son. (13 year old) she wanted to tell the truth but was told by adults at noyes home that she would go to jail. the lawyer he had did not defend him. he was convicted on 10/26/15 and collapsed on 10/31/15 and later died on 11/15/15
I have recorded vm that he recorded the whole time this nonsense went on the child had accused another male in rhode island in 2011 of the same crime but was found not guilty and case closed. the child is still a virgin
Expert:  Dwayne B. replied 4 months ago.

That's not a wrongful conviction case. The only civil case that it may be would be a libel/slander case caused by the perjury which would have been committed in court.

In MO the statute of limitations for a libel/slander case is two years.

Expert:  Dwayne B. replied 4 months ago.

It could also be an "injurious falsehood" which is also a two year statute of limitations. Most people don't use this cause of action since it is really a type of libel or slander but it is still on the books and would fit as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.