BURLEW v. MISSOURI DEPT. OF CORRECTIONS

No. WD 72135.

340 S.W.3d 259 (2011)

David A. BURLEW, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Missouri Court of Appeals, Western District.

April 5, 2011.


Attorney(s) appearing for the Case

Edward S. Thompson , for appellant.

Shaun J. Mackelprang , Chris Koster , Stephen D. Hawke , Jefferson City, MO, for respondent.

Before: VICTOR C. HOWARD, P.J., and THOMAS H. NEWTON and ALOK AHUJA, JJ.


ALOK AHUJA, Judge.

David Burlew appeals the Cole County Circuit Court's dismissal of his petition seeking declaratory relief against the Department of Corrections. Burlew's petition alleges that he is entitled to time-served credit against a prison sentence he is currently serving, which the Department has refused to grant him. Because we conclude that Burlew has pleaded a claim which would entitle him to relief, we reverse...

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