Missouri Court of Appeals, Western District / Jan 8, 2019
Gary L. Mitchell vs. Kenny Jones
Gary L. Mitchell, a prior drug offender, sought a declaratory judgment arguing that the repeal of a statute making him ineligible for parole should apply retroactively, allowing him immediate parole consideration. The trial court dismissed his petition, finding that the repeal constituted a change in punishment and thus, under section 1.160, RSMo, did not apply retroactively. The appellate court affirmed the trial court's dismissal, agreeing that the repealed statute was part of the substantive law governing Mitchell's offense and its punishment, and ordered the case transferred to the Missouri Supreme Court.