State of Missouri ex rel. Andrew Bailey v. the Honorable Jason Sengheiser

Summary

The Court held that an appeal from a judgment vacating a criminal conviction under section 547.031 does not automatically stay that judgment. Although the circuit court could vacate Dunn's convictions, it lacked authority to unconditionally release him while the charges remained pending and instead had to allow the State an opportunity to elect whether to retry him. The Court therefore issued a permanent writ directing the circuit court to vacate its release order and amend its judgment consistently with the opinion.