State Ex Inf. Hensley v. Young
362 S.W.3d 386
| Mo. | 2012Background
- Young pleaded guilty in Texas in 1987 with deferred adjudication; probation terminated, adjudication dismissed.
- In 1995, Young pled guilty to second-degree assault in Missouri; sentenced to a year, probation imposed; completed probation with no Missouri record.
- In 2010 Young ran for Cass County presiding commissioner and was elected; sworn in 2011.
- Hensley filed a quo warranto action alleging Young was unqualified due to a Missouri felony conviction.
- Section 115.350 bars Missouri felons from qualifying as candidates for elective public office.
- The circuit court ousted Young; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of section 115.350 as applied | Young argues retroactivity violates Art. I, §13 | Hensley argues statute does not retroactively impair vested rights | Constitutional as applied to Young |
| Quo warranto as proper remedy | Quo warranto should determine title, not candidacy qualifications | Quo warranto appropriately tests eligibility to hold office | Quo warranto proper to oust if not qualified to hold office |
| Applicability of §561.021.2 | §561.021.2 bars felons until sentence/probation ends | Not inconsistent; two issues must be resolved separately | §561.021.2 does not negate §115.350 requirements |
| Applicability of §561.016 | §561.016 requires explicit statutory disqualification | §115.350 provides sufficient notice of disqualification | §115.350 does not violate §561.016 or create improper disability |
| Equal protection standing and rational basis | Missouri felons treated differently from out-of-state felons | No suspect class; ballot access not a fundamental right; rational basis ok | Statute constitutional; no equal protection violation |
Key Cases Cited
- Hess v. Chase Manhattan Bank, USA, N.A., 220 S.W.3d 758 (Mo. banc 2007) (vested rights/retrospective analysis standard)
- Doe v. Phillips, 194 S.W.3d 833 (Mo. banc 2006) (vested rights and retroactivity principles)
- State v. Richard, 298 S.W.3d 529 (Mo. banc 2009) (constitutional review of retrospective legislation)
- F.R. v. St. Charles County Sheriff's Dept., 301 S.W.3d 56 (Mo. banc 2010) (retrospective effects on sex-offender obligations)
- Jackson v. Members of Missouri Bd. of Probation & Parole, 301 S.W.3d 71 (Mo. banc 2010) (statutory operation; time-based consequence analysis)