Missouri, ex rel. Sylvia Pride v. Court of Appeals of Missouri, Western District
AdministrativeLaw DueProcess
Whether a state appellate court violates due process rights by deciding an appeal on fabricated facts contrary to the undisputed record, thereby depriving a litigant of a property interest in the right of appeal
When a state appellate court ignores the undisputed facts of an appeal and expressly decides an appeal on different, even opposite facts, does the resulting decision violate the due process rights of a litigant? Is a state created right of appeal a property interest protected by the due process clauses of the fifth and fourteenth amendments to the United States Constitution, and is that right satisfied when appellate courts decide appeals based upon fictional scenarios which are contrary to the undisputed facts of the appeal presented? The Missouri Court of Appeals has an unfortunate history of occasionally deciding “special ” cases by fabricating or changing material facts to obtain desired results, and Missouri appellate law creates a loophole insulating such decisions from reversal or review by the Missouri Supreme Court. The opinion in this case was decided on facts which are opposite to the undisputed facts of record. The opinion expressly relies upon these fictional statements of fact that have no basis in reality. The decision of the Court of appeals prevented a lawsuit from proceeding against a public official who committed i a felony to avoid complying with Missouri's open records laws, and the opinion was written by a judge who has connections to the public official who benefited from the decision. Petitioner seeks a finding that the practice of deciding appeals based upon fictional scenarios rather than the facts of record violates the due process clauses of the Fifth and Fourteenth amendments to the US Constitution by depriving litigants of a protected property interest. ii Parties to the Underlying Proceeding Petitioner Sylvia Pride seeks review of the judgment in Western District of Missouri Court of Appeals Case No. WD86900. The Appellant in that proceeding is Sylvia Pride. The Respondents are Boone County Prosecutor ’s Office, Roger Johnson, and Tracy Skaggs.