Harrell v. Missouri Department of Corrections

VICTOR C. HOWARD, Chief Judge.

The current case involves the classification of Respondent Lee Harrell’s prior sentences as “previous commitments” for purposes of determining his parole eligibility under RSMo section 558.019.1 Harrell sought and received a declaratory judgment ordering the Missouri Department of Corrections (MDOC) not to count his 1997 120-day treatment pursuant to section 559.115 as a “prior commitment.” The MDOC appeals.

Respondent Harrell initiated this action with a department of corrections face sheet sullied by multiple instances of crime and occasional incarceration.…