State v. Severe

I respectfully dissent. Today, the Court mandates that prosecutors second guess the holdings of appellate courts and submit evidence in anticipation of a post-trial change in the standard of proof. In so ruling, the Court adopts a special rule applicable only to the DWI prior and persistent offender statutes that is contrary to this Court’s precedent and unfairly impedes the state’s efforts to keep repeat drunk drivers off Missouri’s roads. In contrast, on the finding that Vanessa Severe’s claim of error is meritorious, I would follow precedent and remand the case to the trial court for…