History
  • No items yet
midpage
State v. Davis
348 S.W.3d 768
Mo.
2011
Read the full case

Background

  • Davis pleaded guilty in 1983 to sexual abuse under section 566.100, triggering SORNA registration obligations.
  • Missouri enacted section 566.150 in 2009, making it a crime for a registered sex offender to be within 500 feet of certain parks or pools.
  • In 2010 Davis was arrested for violating section 566.150 after being found within 500 feet of Grant Beach Park.
  • A felony complaint was filed in August 2010; Davis moved to dismiss on the ground that section 566.150 is unconstitutional as applied to him under Article I, section 13 (retroactivity ban).
  • The circuit court dismissed the complaint; the state appealed, asserting retroactivity does not apply to criminal statutes.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether retroactivity ban applies to the statute as applied Davis (state) argues retroactivity only restricts civil laws, not criminal. Davis contends section 566.150 is retrospective as it imposes new disability based on prior conviction. Issue not preserved; trial court's judgment affirmed.

Key Cases Cited

  • Doe v. Keathley, 290 S.W.3d 719 (Mo. banc 2009) (SORNA compliance independent of retroactive state laws)
  • Smith v. Shaw, 159 S.W.3d 830 (Mo. banc 2005) (preservation of error requirement on appeal)
  • State ex rel. Nixon v. American Tobacco Co., 34 S.W.3d 122 (Mo. banc 2000) (trial court error not preserved on appeal absent proper objections)
  • State v. Thomas, 969 S.W.2d 354 (Mo. App.1998) (appellate court review limited to preserved issues)
  • State v. Brown, 140 S.W.3d 51 (Mo. banc 2004) (dismissal without prejudice can be final and appealable when effect terminates litigation)
Read the full case

Case Details

Case Name: State v. Davis
Court Name: Supreme Court of Missouri
Date Published: Aug 30, 2011
Citation: 348 S.W.3d 768
Docket Number: SC 91368
Court Abbreviation: Mo.