November 11, 2009, 09:27
Martin Peterson11.072 Loss of Jurisdiction
Does everyone agree with the construction given to sec. 6(a) of 11.072 in
Morin, holding that the requirement that a court rule upon a request for relief within 60 days means nothing? Anyone thinking of challenging this?
Seems to me that the decision is inconsistent with the language of the statute and such cases as
Laidley, 966 S.W.2d at 108 as well as the rationale of
$4097, 773 S.W.2d at 676 and
Lovelace, 783 S.W.2d at 826. In my opinion, the requirement that a written order be entered distinguishes this statute from the ultimate construction given to the forfeiture statute in
$435,000, 842 S.W.2d 642. I realize the limited time period puts the Applicant in the same pinch that was imposed on the State in forfeiture proceedings prior to 1989, but isn't that exactly what the Legislature specified?