Missouri Court of Appeals, Eastern District / May 9, 2023
State of Missouri, Appellant, vs. Jesse E. Callaway, Respondent.
The State appealed the circuit court's dismissal of nine felony counts against Jesse E. Callaway, which arose from a high-speed chase. The circuit court had dismissed the charges, reasoning that Callaway's co-defendant, Merlenbach, had pled guilty to a driving-related offense, implying he was the sole operator, and thus prosecuting Callaway for similar offenses would be factually inconsistent. The appellate court reversed and remanded, holding that Missouri law allows charging co-defendants under principal/accessory theories without specifying the role. The court further found that Callaway failed to demonstrate inherently inconsistent theories or a substantive due process violation.