Supreme Court of Missouri / Feb 4, 2020
Gary L. Mitchell, Appellant, vs. Don Phillips, Respondent.
Gary L. Mitchell appealed the dismissal of his petition for declaratory judgment, seeking a declaration of his right to a parole hearing. Mitchell argued that the repeal of section 195.295.3, RSMo 2000, which had previously rendered him parole ineligible, should be applied retroactively. The Missouri Supreme Court affirmed the circuit court's judgment, holding that Mitchell's parole ineligibility was an integral part of his original sentence and thus could not be retroactively altered by the statute's repeal. The Court also clarified that section 1.160, RSMo, is inapplicable to sentences in final judgments.