State v. Davis
348 S.W.3d 768
Mo.2011Background
- 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)
