Narrative Opinion Summary
Rochelle Ann Coltin appealed a summary judgment favoring the Missouri Board of Probation and Parole. She contended that summary judgment was inappropriate due to a genuine issue of material fact regarding her requirement to serve 80% of her sentence as stipulated in section 558.019, RSMo (Cum.Supp. 2006). The court concluded that no genuine issue of material fact existed, affirming the trial court's summary judgment. The decision was rendered by the Missouri Court of Appeals, Western District, on October 23, 2007, with motions for rehearing and transfer to the Supreme Court denied on December 18, 2007. Judges Howard, Breckenridge, and Ellis presided over the case, with Breckenridge later reassigned as a special judge for this disposition.
Legal Issues Addressed
Application of Section 558.019, RSMosubscribe to see similar legal issues
Application: The appellant challenged the requirement to serve 80% of her sentence under this statute, but the court found no factual dispute warranting reversal.
Reasoning: She contended that summary judgment was inappropriate due to a genuine issue of material fact regarding her requirement to serve 80% of her sentence as stipulated in section 558.019, RSMo (Cum.Supp. 2006).
Summary Judgment Standardssubscribe to see similar legal issues
Application: The court determines that summary judgment was appropriate because no genuine issue of material fact existed.
Reasoning: The court concluded that no genuine issue of material fact existed, affirming the trial court's summary judgment.