HOWARD v. MISSOURI DEPT. OF CORRECTIONS

No. WD 72520.

341 S.W.3d 857 (2011)

Kenneth Ray HOWARD, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Missouri Court of Appeals, Western District.

May 31, 2011.


Attorney(s) appearing for the Case

Kenneth Ray Howard , Appellant pro se.

Stephen D. Hawke and Terrence M. Messonnier , Jefferson City, MO, for respondent.

Before Division One: GARY D. WITT, Presiding Judge, JAMES E. WELSH, Judge and ALOK AHUJA, Judge.


GARY D. WITT, Judge.

Kenneth Ray Howard, an inmate, filed a declaratory judgment action against the Missouri Department of Corrections ("MDC") as it pertained to credit for time served on his sentence that he alleged he was entitled to as a matter of law. MDC filed a motion for summary judgment, and the trial court granted the motion and dismissed Howard's lawsuit in its entirety. For the reasons explained herein, we reverse the trial court's judgment and remand for...

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