STATE OF MISSOURI JOSHUA HAWLEY RELATOR v. THE HONORABLE PEGGY RICHARDSON MICHELLE HIGGINS (2017)

In each of the two (2) proceedings addressed by the Court's opinion, an offender convicted of felony stealing filed a petition for writ of habeas corpus, arguing the their offense was unlawfully enhanced to a felony in light of the Missouri Supreme Court's decision in State v. Bazell, 497 S.W. 3d 263 (Mo. banc 2016). The circuit court granted habeas relief in each case, and vacated the petitioner's felony convictions.

WRITS OF HABEAS CORPUS QUASHED.

Writ Division Holds:

After the circuit court granted relief to each of the petitioners, the Missouri Supreme Court held that “the Bazell holding only applies forward, except those cases pending on direct appeal.” State ex rel. Windeknecht v. Mesmer, No. SC96159, 2017 WL 4479200, at *3 (Mo. banc Oct. 5, 2017). Under Windeknecht, the petitioners are not entitled to habeas relief based on the Bazell decision, and the circuit court abused its discretion in granting such relief.

Opinion by: Edward R. Ardini, Jr., Judge