The materials below are provided solely for the interest and convenience of the reader, are not official Court records, and should not be quoted or cited as such. Once cases are docketed, the briefs filed by the parties typically are posted within a day or so. Summaries of the cases are prepared by the Court’s communications counsel and typically are posted the week before arguments. Audio files and information about attorneys who argued typically are posted within a day or so after arguments. Further information about the cases may be available through Case.net.
DOCKET SUMMARIES
SUPREME COURT OF MISSOURI
9:30 a.m. Tuesday, May 2, 2017
____________________________________________________________________________________________________
All cases scheduled for argument today involve the application of this Court’s August 2016 decision in State v. Bazell to certain prior stealing convictions under section 570.030, RSMo. In Bazell, the Court analyzed the interaction between subsection 1 of the statute, which defines the offense of “stealing,” and subsection 3, which permits the state to enhance from a misdemeanor to a felony “any offense in which the value of property or services is an element.” The Court held the felony enhancement provisions do not apply because the definition of stealing does not include, as an element of the offense, the value of property or services appropriated. A new version of the statute took effect in January 2017.
All four cases present two primary questions for this Court – whether Bazell can or should apply retrospectively to cases that were final at the time Bazell was decided and, if so, whether Bazell invalidates these individuals’ felony stealing convictions. A related issue involves whether the value of property stolen necessarily is an “element” of the offense of stealing in excess of $500.
The facts of each case and any additional issues they raise are described below.
SC96159
State ex rel. Stephanie Windeknecht v. Angela Mesmer
Audrain and Scott counties
Application of a recent case involving felony stealing enhancements to a prior stealing conviction
Listen to the oral argument: SC96159 audio file
Windeknecht was represented during arguments by Scott Thompson of the public defender’s office in St. Louis; the state was represented by Solicitor D. John Sauer of the attorney general’s office in Jefferson City.
In October 2013, the state charged Stephanie Windeknecht in Scott County with the class C felony, under section 570.030.3, RSMo, of stealing in excess of $500 for stealing cash from a store. She pleaded guilty as charged in January 2014, and the circuit court sentenced her to six years in prison. She did not appeal, and her case became final. In October 2016, Windeknecht filed a petition for habeas corpus in the circuit court of Audrain County, where she is incarcerated, arguing her continued incarceration is illegal under this Court’s decision in State v. Bazell. The circuit court dismissed her petition, finding Bazell does not apply to cases that already had become final. Windeknecht now seeks relief in this Court.
An additional issue in this case involves the extent to which the fact that Windeknecht stole cash in an amount greater than $500 permits her crime to be enhanced to a felony in light of Bazell.
SC96159_Windeknecht_brief
SC96159_State_brief
SC96159_Windeknecht_reply_brief
SC96160
State ex rel. Joshua Holman v. Jennifer Sachse
Livingston and St. Louis counties
Application of a recent case involving felony stealing enhancements to a prior stealing conviction
Listen to the oral argument: SC96160 audio file
Holman was represented during arguments by W. Scott Rose of Rose Legal Services LLC in St. Louis; the state was represented by Solicitor D. John Sauer of the attorney general’s office in Jefferson City.
In April 2008 in Livingston County, Joshua Holman pleaded guilty to one class C felony of second-degree burglary and one count of stealing in excess of $500, a class C felony under section 570.030.3, RSMo, for stealing used clothes and purses from a storage facility. The circuit court sentenced him to consecutive prison terms of seven years each, suspended execution of Holman’s sentence and placed him on probation for five years. In December 2010, the circuit court found Holman had violated his probation conditions, revoked his probation and ordered him to serve the two prison sentences. He did not appeal, and his case became final. In October 2016, Holman filed a petition for habeas corpus in St. Louis County, where he is incarcerated, arguing he should be discharged from his felony stealing sentence under Bazell with credit for time served to be applied to his burglary sentence. Following a hearing, the circuit court denied relief. Holman now seeks relief in this Court.
An additional issue in this case involves whether Holman’s claim raises a “jurisdictional” sentencing defect that permits any excess time served for his stealing conviction to be applied to his burglary sentence.
SC96160_Holman_brief
SC96160_State_brief
SC96160_Holman_reply_brief
SC96165
State ex rel. Summer Robinson v. Angela Mesmer
Audrain and Cape Girardeau counties
Application of a recent case involving felony stealing enhancements to a prior stealing conviction
Listen to the oral argument: SC96165 audio file
Robinson was represented during arguments by Scott Thompson of the public defender’s office in St. Louis; the state was represented by Patrick J. Logan of the attorney general’s office in Jefferson City.
In 2011, the state charged Summer Robinson in Cape Girardeau County with the class C felony, under section 570.030.3, RSMo, of stealing in excess of $500 for stealing merchandise from a store. She pleaded guilty as charged in August 2011, and the circuit court sentenced her to seven years in prison, suspended execution of the sentence and placed Robinson on probation for five years. Ultimately, in February 2015, the circuit court revoked her probation and ordered Robinson to serve her prison sentence. She did not appeal, and her case became final. In November 2016, Robinson filed a petition for habeas corpus in the circuit court of Audrain County, where she is incarcerated, arguing she is entitled to relief from her sentence under this Court’s decision in State v. Bazell. The circuit court dismissed her petition, finding Bazell does not apply to cases that already had become final. Robinson now seeks relief in this Court.
SC96165_Robinson_brief
SC96165_State_brief
SC96165_Robinson_reply_brief
SC96187
State ex rel. Scarlett R. Adams v. Angela Mesmer
Audrain and Dent counties
Application of a recent case involving felony stealing enhancements to a prior stealing conviction
Listen to the oral argument: SC96187 audio file
Adams was represented during arguments by Danieal H. Miller of Miller Law LLC in Columbia; the state was represented by Solicitor D. John Sauer of the attorney general’s office in Jefferson City.
In April 2012, the state charged Scarlett Adams in Dent County with the class C felony, under section 570.030.3, RSMo, of stealing in excess of $500 for stealing computer merchandise from a store. She pleaded guilty as charged in September 2012, and the circuit court sentenced her to seven years in prison, to be served consecutively to sentences she was serving for prior convictions. She did not appeal, and her case became final. In October 2016, Adams filed a petition for habeas corpus in the circuit court of Audrain County, where she was incarcerated, arguing she is entitled to relief from her stealing sentence under this Court’s decision in State v. Bazell. Following a hearing, the circuit court denied relief. Adams now seeks relief in this Court.
SC96187_Adams_brief
SC96187_State_brief
SC96187_Adams_reply_brief