FLAHERTY v. MISSOURI DEPARTMENT OF CORRECTIONS (2021)

Missouri Court of Appeals, Western District.

Patrick FLAHERTY, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

WD 83946

Decided: June 15, 2021

Before Division One: Anthony Rex Gabbert, Presiding Judge, Edward R. Ardini, Jr., Judge, Thomas N. Chapman, Judge

Kent E. Gipson, Kansas City, MO, Counsel for Appellant. Michael J. Spillane, Jefferson City, MO, Counsel for Respondent.

ORDER

Patrick Flaherty appeals the circuit court's Judgment granting the Missouri Department of Corrections’ (DOC) Motion for Judgment on the Pleadings on Flaherty's Petition for Declaratory Judgment. Flaherty contends that the circuit court erred in granting the DOC's motion and denying Flaherty relief, arguing that the legislature's repeal and replacement of Section 558.019, RSMo 2000, violates the ex post facto clauses of the United States and Missouri constitutions by eliminating a substantive right of Flaherty under the repealed statute to obtain an earlier release on parole. We affirm. Rule 84.16(b).

Per Curiam:

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