MITCHELL v. NIXON

No. WD 73321.

351 S.W.3d 676 (2011)

Theodore MITCHELL, Appellant, v. Jay NIXON, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 30, 2011.

Application for Transfer Denied December 6, 2011.


Attorney(s) appearing for the Case

Theodore Mitchell , Appellant pro se.

Michael J. Spillane , for Respondent.

Before Division Three: JOSEPH M. ELLIS, Presiding Judge, VICTOR C. HOWARD, Judge and THOMAS H. NEWTON, Judge.


JOSEPH M. ELLIS, Judge.

Theodore Mitchell, acting pro se, appeals from a judgment on the pleadings entered in the Circuit Court of Cole County in a declaratory judgment action filed by Mitchell to have § 558.011 declared unconstitutional. For the following reasons, the judgment is affirmed with modification.

In 2003, Mitchell was convicted of one count of sodomy and sentenced to a term of ten years imprisonment for an offense committed on November...

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