Missouri Court of Appeals, 2011

Russo v. Missouri Board of Probation and Parole

Russo v. Missouri Board of Probation and Parole
Missouri Court of Appeals · Decided February 1, 2011 · Martin, Welsh, Witt
336 S.W.3d 472; 2011 Mo. App. LEXIS 102; 2011 WL 291355 (South Western Reporter, Third Series)

Russo v. Missouri Board of Probation and Parole

Opinion

ORDER

PER CURIAM:

Following the denial of parole by the Missouri Board of Probation and Parole, Benjamin Russo filed a motion for declaratory judgment, or in the alternative, habe-as corpus or mandamus. The Parole Board filed a motion for judgment on the pleadings, which was granted. This appeal follows.

In Russo’s sole point on appeal, he contends that the trial court erred in granting the Parole Board’s motion for judgment on the pleadings because he had a protected liberty interest in being released on parole based on the parole statute in effect at the time of his conviction, and that the Parole Board’s reliance on a parole statute enacted after his conviction violated his right to be free from ex post facto laws. We affirm. Rule 84.16(b).

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