Missouri Court of Appeals, Western District / Date unavailable
State of Missouri Ex Rel. Andrew Bailey vs. Hon. Drew F. Davis, Circuit Judge of Dekalb County
The Attorney General sought a writ of prohibition against Circuit Judge Drew F. Davis, who had ordered Victor Vickers's release from custody via a preliminary writ of habeas corpus. Vickers's habeas petition challenged the Department of Corrections' calculation of his jail-time credit, a claim previously denied in a declaratory judgment action that was pending appeal. The appellate court made its preliminary writ of prohibition absolute, holding that the habeas court exceeded its authority by relitigating a claim already decided on the merits, as the prior judgment had preclusive effect despite the pending appeal.