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STATE v. SMILEY

No. SC 94745.

478 S.W.3d 411 (2016)

STATE of Missouri, Appellant, v. Jerri SMILEY, Respondent.

Supreme Court of Missouri, En Banc.

Opinion issued January 26, 2016.

Attorney(s) appearing for the Case

The state was represented by Evan J. Buchheim of the attorney general's office in Jefferson City, (573) 751-3321, and J. Daniel Patterson and Stephanie L. Wan of the Greene County prosecutor's office in Springfield, (417) 868-4061.

Smiley was represented by James Egan of the public defender's office in Springfield, (417) 895-6740.

A number of organizations and individuals filed a brief as friends of the Court. They were represented by Marsha L. Levick of the Juvenile Law Center in Philadelphia, (215) 625-0551, and Mae C. Quinn of the Juvenile Law and Justice Clinic at Washington University School of Law in St. Louis, (314) 935-6088.

The state appeals the trial court's decision, entered before plea or determination of Ms. Smiley's guilt at trial, declaring the three-year mandatory minimum incarceration requirement in section 571.015, RSMo 2000, unconstitutional as applied to all juvenile offenders. The state has no right to appeal this interlocutory decision...

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