Legal Opinion

Carlyle v. Missouri Department of Corrections

Missouri Court of Appeals

Decided December 13, 2005No. WD 65441PublishedCited by 6 opinions

1Opinion of the Court

LISA WHITE HARDWICK, Judge.

The Missouri Department of Corrections (MDOC) and the Chairman of the Probation and Parole Board appeal from a judgment in favor of Larry Carlyle on his petition for declaratory judgment. Appellants contend the circuit court improperly applied the law in determining that Carlyle had no prior prison commitments and, therefore, was not required by Section 558.019.2(1), RSMo 2000, to serve a minimum of forty percent of his current sentence before becoming eligible for parole. We affirm the judgment based on the circuit court’s proper application of existing law.

Factual…

2Cases cited8 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. State v. LawhornSupreme Court of Missouri · 1988
  3. Irvin v. KempkerMissouri Court of Appeals · 2004
  4. Langdon v. United Restaurants, Inc.Missouri Court of Appeals · 2003
  5. State Ex Rel. Nixon v. RussellSupreme Court of Missouri · 2004

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3Cited by6 opinions

  1. Harrell v. Missouri Department of CorrectionsMissouri Court of Appeals · 2006
  2. Calvin v. Missouri Department of CorrectionsMissouri Court of Appeals · 2009
  3. Bantle v. DwyerMissouri Court of Appeals · 2006
  4. Canale v. Department of CorrectionsMissouri Court of Appeals · 2006
  5. Bernard Williams v. Doris Falkenrath, Warden, Jefferson City Correctional CenterMissouri Court of Appeals · 2023

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