Criminal Law: Sentencing-Repealed Statute-Retroactive Application

Where the state challenged a judgment granting a defendant’s motion for parole eligibility in a second-degree drug-trafficking case, arguing that the repeal of Section 195.295 applied retroactively, the appellate court would reverse the judgment , finding that the repeal falls within the scope of Section 1.160’s bar on retroactive application because the repealed statute was part of the substantive law governing the offense, but the case is transferred to the Missouri Supreme Court based on general interest and importance.

Parole eligibility

Dissenting opinion by Ahuja, J.: “Multiple Missouri Supreme Court decisions — and numerous subsequent decisions of this Court — announce the simple, clear rule of law which should govern here: Statutory amendments relaxing the requirements for parole eligibility apply to previously convicted offenders. We should apply that straightforward principle here, and affirm the judgment of the circuit court. The General Assembly has chosen to remove the prohibition on parole for persons convicted of non-violent drug offenses like the one Woods committed. We should fully implement this legislative decision by recognizing that all persons convicted of the relevant offenses are now parole-eligible, whether their offenses occurred before or after 2017. While I disagree with the majority’s disposition of this case, I appreciate my colleagues’ willingness to transfer this case to the Supreme Court on our own motion. The issues raised in this case are important and recurring, and should be resolved on an authoritative and state-wide basis at the earliest opportunity.”

Reversed; transferred to the Missouri Supreme Court.

Woods v. Dep’t. of Corr. (MLW No. 72559/Case No. WD81266 – 18 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Cole County, Green, J. (Kent E. Gipson, Kansas City, Missouri, for respondent) (Eric Schmitt and Andrew J. Crane, Jefferson City, for appellant).