Westcott v. State, 361 S.W.3d 468

Westcott was convicted in 1990 of multiple sex offenses and sentenced to 38 years total to be served consecutively, with 2 years in county jail for misdemeanor counts.
The trial court ordered the DOC term followed by a detainer to return Westcott for the remaining two years after completion of the prison term.
Westcott began serving in DOC, was paroled in May 2009, and was immediately detained to serve the two-year county jail sentence.
Westcott filed a motion for injunctive relief in 2009; it was denied in 2009 and no appeal was taken from that order.
In 2010 Westcott filed a Rule 74.06(b) motion for relief from judgment/order asserting misapplication of his sentence; this was denied in 2010 and a later discharge request was denied in 2011.
After Westcott filed the appeal, he had completed the two-year jail sentence in May 2011, rendering the appeal moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the case is moot	Westcott argues premature jail service violated the 1990 judgment.	State argues no live controversy remains since jail term completed.	Case dismissed as moot; no live controversy.
Premature service of jail sentence due to detainer	Westcott asserts detainer caused premature service after conditional release.	Nodaway County argues relief denied for failure to state a claim; no jurisdiction to revisit moot issue.	Not reached on merits due to mootness; mootness controls.
Procedural posture of Rule 74.06(b) relief in criminal/diversionary context	Westcott claims relief procedures were misapplied to criminal judgment.	State contends Rule 74.06(b) relief does not apply to these circumstances; no live claim remains.	Not reached; case moot.

In re J.L.R., 257 S.W.3d 163 (Mo.App. W.D.2008) (mootness exceptions for post-submission resolution)
Inman v. Missouri Department of Corrections, 139 S.W.3d 180 (Mo.App. W.D.2004) (sua sponte mootness analysis)
T.C.T. v. Shafinia, 351 S.W.3d 34 (Mo.App. W.D.2011) (sua sponte mootness inquiry framework)