STATE EX REL. LUTE v. BD. OF PROBATION

Nos. SC 88026, SC 88111.

218 S.W.3d 431 (2007)

STATE ex rel. Shirley LUTE, Petitioner, v. MISSOURI BOARD OF PROBATION AND PAROLE, et al., Respondents. (consolidated with) State ex rel. Lynda Ruth Branch, Petitioner, v. Jennifer Miller, Superintendent, Chillicothe Correctional Center, et al., Respondents.

Supreme Court of Missouri, En Banc.

April 17, 2007.


Attorney(s) appearing for the Case

Jane H. Aiken, Stephen M. Ryals, Olivia J. Bradbury, St. Louis, for Petitioner in SC 88026.

Mary W. Beck, Richard Kroeger, Kelly King, Columbia, for Petitioner in SC 88111.

Jeremiah W. (Jay) Nixon, Atty. Gen., Michael J. Spillane, Asst. Atty. Gen., Jefferson City, for Respondents in SC 88026 and SC 88111.


MARY R. RUSSELL, Judge.

Shirley Lute and Lynda Branch were each convicted of murdering their abusive husbands. After serving many years in prison, each of them petitioned the Governor for clemency. They were among 45 out of 992 petitioners that were granted clemency by Governor Bob Holden in 2004. His commutations eliminated from Lute's and Branch's sentences the prohibition against probation or parole. The Missouri Board...

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