Case Details


Attorney General Standing

Filing State



Missouri Court of Appeals




Kennedy v. State of Missouri, 2013 Mo. App. LEXIS 1259 (Mo. Ct. App. S. Dist. Oct. 25, 2013)


Attorney General can challenge removal of defendant from sex offender registry even if AG did not participate in petition hearing below.

Case Description

A sex offender petitioned for removal from the state’s registry, and after a hearing in which the local prosecutor participated, his name was removed. The Attorney General appealed the removal and the defendant argued he did not have standing, since the local prosecutor participated and there was no requirement to notify the Attorney General. The court held that Missouri law authorizes the attorney general to bring actions “necessary to protect the rights and interests of the state.” Citing previous caselaw, the court held that “if it is in the interest of the State for the Attorney General to be able to challenge a judgment, the Attorney General “should be regarded as having standing to argue.” In this case, the state’s interest in the removal of a sex offender’s name from the state registry was evidenced by the statutory requirement that the prosecuting attorney be given notice of the petition. Therefore, the Attorney General had standing in this case.