Legal Opinion
Irvin v. Kempker
Missouri Court of Appeals
Decided October 26, 2004No. WD 62836PublishedCited by 22 opinions
1Opinion of the Court
RONALD R. HOLLIGER, Presiding Judge.
Lance Irvin appeals the trial court’s judgment denying his writ of mandamus seeking an order that the Department of Corrections and the Board of Probation and Parole not consider his 120-day shock incarceration as a “prior commitment” for the purpose of calculating his “minimum prison term” under Section 558.019, RSMo. 1 We find that the passage of Section 559.115.7 (Laws 2003) requires that the Department not count Irvin’s pri- or 120-day incarceration as a “previous prison commitment” for the purposes of Section 558.019. The judgment is reversed and…
2Cases cited7 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- State v. KnappSupreme Court of Missouri · 1992
- State Ex Rel. Cavallaro v. GrooseSupreme Court of Missouri · 1995
- State Ex Rel. Nixon v. KellySupreme Court of Missouri · 2001
- Wheat v. Missouri Board of Probation & ParoleMissouri Court of Appeals · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. CannafaxMissouri Court of Appeals · 2011
- Maxwell v. Daviess CountyMissouri Court of Appeals · 2006
- Mann v. McSwainMissouri Court of Appeals · 2017
- Powell v. Missouri Department of CorrectionsMissouri Court of Appeals · 2004
- Ridinger v. Missouri Board of Probation & ParoleMissouri Court of Appeals · 2006
17 more not listed; retrieve them via the Exa API.