Missouri Court of Appeals, Western District / Jul 28, 2020
Berry Livingston vs. Missouri Department of Corrections
Berry Livingston, sentenced as a persistent drug offender, sought a declaratory judgment that he was parole eligible after the repeal of section 195.291, which had mandated parole ineligibility. The circuit court granted Livingston's motion for judgment on the pleadings, declaring him parole eligible. The Missouri Department of Corrections appealed, and the appellate court reversed, holding that section 1.160 prohibited the retroactive application of the repealed statute to Livingston's final sentence, meaning he remained parole ineligible. The court also denied Livingston's motion to dismiss the appeal as moot, finding an actual controversy remained.