State of Missouri v. Tatum Clark McMillian

The State of Missouri (“State”) appeals the order of the Circuit Court of Cole County granting Tatum McMillian’s (“McMillian”) motion to dismiss that sought the dismissal of his indictment based on the expiration of the statute of limitations. We affirm.

Factual Background

The conduct giving rise to McMillian’s indictment consists of the alleged underre-porting of his earnings and his consequent receipt of unemployment benefits to which he was not entitled. The State alleged McMillian received these undeserved benefits from July 26, 2010 to June 4, 2011.

The State filed its first complaint…