Missouri Court of Appeals, Western District / Apr 28, 2020
Kevin E. Riley vs. Missouri Department of Correction
Kevin Riley, sentenced as a prior and persistent drug offender, sought a declaratory judgment that he was eligible for parole after the repeal of § 195.291, RSMo, which had mandated parole ineligibility. The circuit court granted Riley's motion for judgment on the pleadings, agreeing that the repeal should apply retroactively. The Missouri Department of Corrections appealed. The appellate court reversed, holding that parole ineligibility was part of Riley's original punishment and the repeal does not retroactively change such sentences, following recent Supreme Court precedent.