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Holmes v. Steelman

Court: Supreme Court of Missouri

Docket: SC97983

Opinion Date: June 15, 2021

Judge: Patricia Breckenridge

Areas of Law: Personal Injury

The Supreme Court vacated the judgment of the circuit court in favor of Michael Holmes on his claim that the state legal expense fund (SLEF) was obligated to pay his 2016 judgment against two former officers of the St. Louis Metropolitan Police Department, holding that Holmes failed to show that he was entitled to a declaration that the State was obligated to pay his judgment out of SLEF.

On appeal, the State argued that the circuit court erroneously applied the version of Mo. Rev. Stat. 105.726.3 in effect when the former police officers filed a false report that caused Holmes’s wrongful arrest and conviction rather than the version in effect when Holmes filed his claim in a suit against the former officers. The Supreme Court vacated the judgment below, holding (1) a right to payment from SLEF does not arise until a claim is made, and therefore, section 105.726.3 governed Holmes’s claim; and (2) SLEF was prohibited from paying any claim or judgment against the police officers.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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