Missouri Court of Appeals, Western District / Jun 18, 2019
Shane Callahan appealed the denial of his petition for a writ of mandamus, in which he sought credit for time spent in jail while on probation. The appellate court dismissed the appeal due to substantial deficiencies in Callahan's pro se brief, including a failure to provide specific record citations for factual assertions and a point relied on that was not readily understandable. Additionally, the court found the record on appeal to be woefully inadequate, preventing a review of the merits.
Missouri Court of Appeals, Western District / Mar 26, 2019
Montrel Mosby appealed the circuit court's dismissal of his petition for declaratory judgment, in which he sought additional jail-time credit against one of his three consecutive sentences. Mosby argued he should receive credit for time served between July 2015 and July 2016, which he had already received against a different consecutive sentence. The appellate court affirmed the dismissal, holding that under section 558.031.1, jail-time credit can only be applied once when sentences are consecutive.
Missouri Court of Appeals, Western District / Jul 31, 2018
Edward Dunn appealed the dismissal of his petition for declaratory judgment, seeking credit against his sentence for time spent on electronic home detention and alcohol monitoring while out on bond awaiting trial. The trial court dismissed his petition for failure to state a claim. The Missouri Court of Appeals, Western District, affirmed the dismissal, holding that time spent on bond under house arrest conditions does not qualify as "time in prison, jail or custody" for mandatory sentence credit under section 558.031.1, RSMo. The court also found no procedural error in the dismissal.