Goldsby v. Lombardi

The Supreme Court affirmed the decision of the circuit court dismissing Appellant’s petition asking the court to order the Missouri Department of Corrections (DOC) to provide him with a release date for his life sentence, holding (1) contrary to the argument of the DOC, Appellant’s notice of appeal was timely; but (2) because he was serving a life sentence and had no release date, the circuit court did not err in holding that DOC was not required to set a release date.Specifically, the Court held (1) the Rule 81.04(e) docket fee requirement is not a jurisdictional prerequisite for an appeal, and Appellant’s notice of appeal was timely; and (2) Appellant was not entitled to either release or the setting of a release date under the “three-fourths rule” adopted in 1865 because he had no release date. View "Goldsby v. Lombardi" on Justia Law