Farish v. Missouri Department of Corrections
2013 Mo. LEXIS 308
| Mo. | 2013Background
- Farish committed a Kansas robbery (Feb 15, 2008) and a Missouri robbery (Feb 19, 2008); Kansas arrested him Feb 20 and Missouri lodged a detainer/warrant Feb 21.
- He remained in Kansas custody (Wyandotte County and rented Missouri jail space) until beginning his Kansas sentence on Dec 31, 2008; transferred to Jackson County (MO) jail Apr 6, 2009, awaiting Missouri disposition.
- Jackson County court accepted Farish’s Missouri guilty plea Mar 5, 2010, and ordered the Missouri sentence to run concurrently with his Kansas sentence and to credit all time served.
- Farish returned to KDOC Mar 15, 2010; was paroled from the Kansas sentence Aug 30, 2010; MDOC took custody Oct 20, 2010 and granted 406 days credit for certain Missouri-held periods.
- Farish sued under Mo. Rev. Stat. § 558.031.1 seeking credit from Feb 21, 2008 (Missouri warrant) through Oct 20, 2010; circuit court granted MDOC summary judgment; Supreme Court of Missouri affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether time in Kansas custody before Dec. 31, 2008 (after Missouri detainer) is creditable under § 558.031.1(2) | Farish: detainer made his out-of-state custody "compelled exclusively" by Missouri, so creditable | MDOC: § 558.031.1(2) limits credit to custody in Missouri unless custody outside Missouri was compelled exclusively by Missouri; detainer does not unilaterally compel custody | Not creditable — custody in Kansas was compelled by Kansas; a detainer does not make out-of-state custody "compelled exclusively" by Missouri |
| Whether time serving the Kansas sentence (Dec. 31, 2008–Aug. 30, 2010) is creditable because Missouri ordered concurrent sentences | Farish: sentencing court’s concurrent-order and credit language entitle him to credit for time serving the Kansas sentence | MDOC: time serving Kansas sentence was not "related to" the Missouri offense; sentencing court lacks authority to grant jail-time credit contrary to § 558.031.1 | Not creditable — time serving Kansas sentence was unrelated to Missouri offense, and sentencing court cannot grant credit beyond § 558.031.1 (administrative role of DOC) |
Key Cases Cited
- State ex rel. Nixon v. Kelly, 58 S.W.3d 513 (Mo. banc) (defines "related to" requirement for pre-sentence credit)
- Donaldson v. Crawford, 230 S.W.3d 340 (Mo. banc) (crediting jail time is administrative function of DOC, not judicial)
- Mudloff v. Mo. Dep’t of Corr., 53 S.W.3d 145 (Mo. banc) (time serving prior out-of-state sentence not "related to" later Missouri offense)
- State ex rel. Jones v. Cooksey, 830 S.W.2d 421 (Mo. banc) (section contemplates DOC as actor in crediting jail time)
- Carchman v. Nash, 473 U.S. 716 (U.S. 1985) (definition and effect of a detainer)
- United States v. Mauro, 436 U.S. 340 (U.S. 1978) (detainer merely notifies institution and does not itself compel custody)