Legal Opinion

Boersig v. Missouri Department of Corrections

Supreme Court of Missouri

Decided December 23, 1997No. 79886PublishedCited by 12 opinions

1Opinion of the Court

HOLSTEIN, Judge.

James Boersig and two other persons serving prison terms sought a declaratory judgment and injunctive relief against the Missouri department of corrections (the Department). Among other claims is one that the Department’s application of Missouri’s minimum prison term statute, sec. 558.019, RSMo, 1 .violates the constitutional right to due process. The trial court entered summary judgment in favor of the Department. Only Boersig appeals. Because Boersig’s petition challenges the validity of a statute of this state, this Court has jurisdiction of the appeal. Mo. Const, art. V,…

2Cases cited4 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  3. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  4. State Ex Rel. Cavallaro v. GrooseSupreme Court of Missouri · 1995

3Cited by12 opinions

  1. Huth v. StateMissouri Court of Appeals · 1998
  2. State v. CannafaxMissouri Court of Appeals · 2011
  3. In Re DyerSupreme Court of Missouri · 2005
  4. Carroll v. Missouri Board of Probation & ParoleMissouri Court of Appeals · 2003
  5. Bratton v. MitchellMissouri Court of Appeals · 1998

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API