Dudley v. Agniel

RICHARD B. TEITELMAN, Judge.

This declaratory judgment action presents the issue of whether section 559.115.7, RSMo (Cum.Supp.2004), 1 can be applied retroactively so as to reduce the number of previous “prison commitments” attributed to an offender for purposes of determining parole eligibility under section 558.019.2 RSMo (2000). The circuit court held that the statute can be applied retroactively. Following the rationale of State ex rel Nixon v. Russell, 129 S.W.3d 867 (Mo. banc 2004), this Court holds that section 559.115.7 can be applied retroactively because the statute is a parole…