Missouri Habeas Corpus Law
State of Missouri ex rel. Andrew Bailey v. Hon. Drew F. David, Circuit Judge of DeKalb County
Maysville, Missouri lawyers represented the defendant.<br> <br> The Attorney General seeks a permanent writ of prohibition or mandamus preventing the Honorable Drew F. Davis ("Respondent") from ordering Victor Vickers ("Vickers") released from custody following the issuance of a preliminary writ of habeas corpus. Because Respondent acted in excess of its authority and abused its discretion when it... More...
$0 (11-19-2024 - MO)Prosecuting Attorney, 21st Judicial Circuit re rel. Marcelus Williams v. State of Missouri, et al.
<h2><br> St. Louis, Missouri Prosecuting attorney represented the Plaintiff seeking dismissal of the charges filed against him and exoneration.<br> </h2><br> <br> Despite nearly a quarter century of litigation in both state and federal courts, there<br> is no credible evidence of actual innocence or any showing of a constitutional error<br> undermining confidence in the original judgment. Like eve... More...
$0 (09-26-2024 - MO)Mark Eugene Woodworth v. Kenneth Holshof, et al.
St. Joseph, Missouri civil rights lawyers Robert Brooks Ramsey, Joseph Fredrick Yeckel, and Michele C. Puckett represented the Plaintiff who sued the Defendants claiming that they violated his civil rights by failing to comply with Brady v. Maryland in the prosecution of criminal charges against him in the Circuit Court, Livingston, Missouri in 1995.<br> <br> According to the Judge Gaitan:<br> <br... More...
$0 (03-17-2017 - MO)State ex rel. Mark Woodworth v. Larry Denney, Warden
Mark Woodworth was convicted of murder, assault, burglary and armed criminal action for the killing of Catherine Robertson and the serious assault of her husband, Lyndel Robertson. Mark1 has now filed a petition for writ of habeas corpus, petitioning this Court to vacate his convictions and grant him a new trial because newly discovered evidence shows that the State violated B... More...
$0 (01-08-2013 - MO)State of Missouri v. Claude Mark Woodworth
Chillicothe, Missouri when Defendant Claude Mark Woodwoth was convicted of murder.<br> <br> The Missouri Court of Appeals described the case as follows:<br> <br> Mark Woodworth appeals his convictions by a jury of the murder of Catherine Robertson, assault in the first degree on her husband, Lyndel Robertson, burglary and two counts of armed criminal action. He was sentenced, respectively, to con... More...
$0 (04-29-1997 - MO)State of Missouri v. James Scott
James Scott, ("Defendant") appeals the trial court's judgment entered upon his conviction by a jury of causing a catastrophe, Section 569.070 RSMo 1986,[1] for which he was sentenced as a prior and persistent offender to life imprisonment in the custody of the Department of Corrections. We affirm.<br> <br> During the flood of 1993, the Mississippi River crested at 32 feet on July 13 at the West Qu... More...
$0 (06-08-1999 - MO)State of Missouri v. Lamar Johnson
This is the first case challenging a conviction based on an investigation by the recently-established Conviction Integrity Unit of the City of St. Louis Circuit Attorney's Office. Following an investigation into Lamar Johnson's 1995 murder conviction, Circuit Attorney Kimberly Gardner filed a motion for new trial claiming there was newly discovered evidence demonstrating his innocence. The trial c... More...
$0 (02-16-2023 - MO)State of Missouri v. Lamar Johnson
Following an internal investigation into Lamar Johnson's 1995 murder conviction, City of St. Louis Circuit Attorney Kimberly Gardner filed a motion for new trial1 claiming there was newly discovered evidence demonstrating Johnson's innocence. The circuit court—concerned with<br> <br> [617 S.W.3d 441]<br> <br> potential problems arising from the unique scenario of a local, elected prosecutin... More...
$0 (03-02-2021 - MO)Keith Byron Baranski v. United States of America
<center><h2><font color="red"> St. Louis, MO - Criminal defense lawyer represented Defendant charged with conspiracy to import machine guns. </h2></font></b></i></center><br> <br> <br> Baranski completed serving his prison sentence and three years of supervised<br> release in August 2009. In 2011, he filed a Petition for Writ of Error Coram Nobis,<br> asserting violations of his constitutional rig... More...
$0 (01-13-2022 - MO)Anthony Clay v. United States of America
<center><h2><font color="red"><center> St. Louis, MO - Criminal defense lawyer represented Defendant charged with being a felon in possession of a firearm. </h2></font></b></i></center><br> <br> Anthony Dwayne Clay pled guilty to being a felon in possession of a firearm<br> under 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court,1<br> after a Presentence<br> Investigation Report ("P... More...
$0 (11-18-2021 - MO)United States of America v. Dayon Fips also known as Dayon Ballard
<center><h2><font color="red"><center> St. Louis, MO - Criminal defense lawyer represented defendant with arguing that he received constitutionally ineffective assistance from prior counsel charge. </h2></font></b></i></center><br> <br> We consider de novo "issues concerning the interpretation and enforcement <br> of a plea agreement and the application of appeal waivers.†United States v. <... More...
$0 (11-17-2021 - MO)United States of America v. JOSEPH BAPTISTE United States of America v. ROGER RICHARD BONCY
<center><h2><font color="red"><center> Boston, MA - Criminal defense lawyer represented defendants with conspiring to bribe Haitian officials into approving an $84 million port project. </h2></font></b></i></center><br> <br> Meet Roger Boncy and Joseph Baptiste. Boncy once served <br> as chairman and CEO of a U.S.-based investment company called Haiti <br> Invest, LLC. And Baptiste once sat on tha... More...
$0 (10-15-2021 - MO)United States of America v. TYRONNE POLLARD, JR.
<center><h2><font color="red"><center>St. Louis, MO - Criminal defense lawyer represented defendant with a possessing a gun as a felon charge. </h2></font></b></i></center><br> <br> In December 2017, Pollard was indicted for possessing a <br> gun as a felon. See 18 U.S.C. § 922(g)(1). As the crime <br> implies, this was not Pollard's first offense. Over the last <br> twenty years, he was convic... More...
$0 (09-03-2021 - MO)United States of America v. JASON LESLIE JULIANO
<center><h2><font color="red"><center> St. Louis, MO - Criminal defense lawyer represented defendant with being a felon in possession of a firearm and ammunition (Count 1), and for possession with intent to distribute fifty grams or more of actual (pure) methamphetamine (Count 2) charges. </h2></font></b></i></center><br> <br> In January 2018, Juliano was indicted for being a felon <br> in possess... More...
$0 (09-03-2021 - MO)Michael Lamar Jarmon v. Troy Steele, Warden
St. Louis, Missouri - Plaintiff sued Defendant on a civil rights theory seeking the issuance of a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254, which provides:<br> <br> (a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court o... More...
$0 (08-17-2021 - MO)United States of America v. Kurt Harrington, also known as Chi, also known as Jamaica
<center><h2><font color="red"><center> St. Louis, MO - Criminal defense lawyer represented defendant with one count of conspiracy to distribute heroin resulting in death and one count of distribution of heroin resulting in death charges. </h2></font></b></i></center><br> <br> On October 5, 2008, Joseph Van Hoe was found dead inside his residence in <br> Iowa City, Iowa. His autopsy determined that... More...
$0 (08-04-2021 - MO)Joseph B. Sprofera vs. State of Missouri
<center><h2><font color="red">Liberty, MO - Criminal defense lawyer represented defendant JOSEPH B. SPROFERA for <i>post-conviction relief under Supreme Court Rule 29.15.</h2></font></b></i></center><br> <br> On March 2, 2012, Sprofera was charged by a substitute information with<br> first-degree statutory rape in violation of § 566.032. The information alleged<br> Sprofera had sexual intercours... More...
$0 (11-03-2020 - MO)STATE OF MISSOURI v. EMILY USNICK
<center><br> <table><br> <td><br> <img width="200" src=" https://web.mo.gov/doc/PhotoServer/viewPhoto?131477382575.jpg"> <br> </td><br> <td><br> <img width="200" src=" https://web.mo.gov/doc/PhotoServer/viewPhoto?131477330883.jpg"> <br> </td><br> </table><br> <h2> <font color="red"> </font> </h2><br> </center><br> Usnick was an unmarried mother of three when she became pregnant in 2008. Two ... More...
$0 (06-21-2019 - MO)State of Missouri vs. Patricia Prewitt
<center><br> <table><br> <td><br> <img width="200" src=" https://web.mo.gov/doc/PhotoServer/viewPhoto?8266729485.jpg"> <br> </td><br> <td><br> <img width="200" src=" https://web.mo.gov/doc/PhotoServer/viewPhoto?8266759771.jpg"> <br> </td><br> </table><br> <h2> <font color="red"> </font> </h2><br> </center><br> Patricia Prewitt and William Prewitt (Bill)3 were married August 8, 1968. In 1976,... More...
$0 (06-03-2019 - MO)MICHAEL W. STUART vs. STATE OF MISSOURI
<center><br> <table><br> <td><br> <img width="200" src=" https://web.mo.gov/doc/PhotoServer/viewPhoto?18797447387.jpg "> <br> </td><br> <td><br> <img width="200" src=" https://web.mo.gov/doc/PhotoServer/viewPhoto?18797412945.jpg"> <br> </td><br> </table><br> <h2> <font color="red"> </font> </h2><br> </center><br> Movant was charged by amended information as a prior and persistent offender wi... More...
$0 (01-31-2019 - MO)State of Missouri vs. Darius Hall
<center><br> <img width="300" src="https://web.mo.gov/doc/PhotoServer/getPublicFrontal?docId=1037779 "><br> <h2> <font color="red"> </font> </h2><br> </center><br> <br> James "Creeper" Richardson ("Richardson") was a drug dealer and owner of a tree <br> trimming service. Lucas was also a drug dealer, who bought from and sold drugs to <br> Richardson. On September 18, 2015, Richardson called ... More...
$0 (11-05-2018 - MO)RANDY HILL TRAMS vs. STATE OF MISSOURI <table> <td>
Following a guilty plea, Movant was convicted of one count of forgery, in violation of Section 570.090.2 Pursuant to a plea agreement, the court sentenced Movant to five years in the Department of Corrections, suspended execution of the sentence, placed Movant on five years of probation, and ordered Movant to serve forty days of shock incarceration. One of the conditions of Movant’s probation... More...
$0 (08-12-2018 - MO)STATE OF MISSOURI v. VICTOR D. VICKERS, JR. <table> <td>
The determination of whether there has been a violation of speedy trial rights involves a balancing process. In determining whether the right to speedy trial has been violated, the Court is to consider and balance all of the circumstances and to weigh four factors: Length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant. <br> <br> 2. ... More...
$0 (08-03-2018 - MO)Russell Bucklew v. Anne L. Precythe
The issue is whether the Eighth and Fourteenth Amendments, as applied, bar<br> Missouri officials from employing a procedure that is authorized by Missouri statute<br> to execute Russell Bucklew.<br> In March 2006, Bucklew stole a car; armed himself with pistols, handcuffs, and<br> a roll of duct tape; and followed his former girlfriend, Stephanie Ray, to the home of<br> Michael Sanders, where she... More...
$0 (03-06-2018 - MO)HENRY POLK v. STATE OF MISSOURI <table> <td>
In October 2003, Stephen Nolte and his wife moved out of their residence at 5519 North Troost in Kansas City, and into a new home. The Troost residence needed renovations before being advertised for sale. On the evening of March 7, 2004, Nolte was working at the Troost residence. At 9:45 p.m., he told his wife that he would return to their new home shortly. Around midnight, Polk asked his wife2... More...
$0 (11-14-2017 - MO)STATE OF MISSOURI v. JOSEPH J. DRAKE <table> <td>
<center><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28404&z=74103&s=OK" target="_new"><h2> MoreLaw Receptionist Services<h2> </b></h3></a> <center><h3><FONT COLOR="red"> Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls </FONT> </h2></center><br> Mr. Drake appeals a judgment convicting him of two counts of first-degree <br> statutory sodomy, one co... More...
$0 (03-31-2017 - MO)Sharnique Jones vs. State of Missouri <table> <td>
<center><a href="http://www.morelawsuites.com/" target="_new"><h2><font="Red">MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa-- Best Places In Downtown Tulsa To Practice Law </h2></font></a><br> </center><br> <br> Movant gave birth to her daughter, S.J., on January 3, 2008. Between January 3 and April <br> 7, 2008, Movant took S.J. to the hospital thirteen times for various heal... More...
$0 (03-24-2017 - MO)<b>STATE OF MISSOURI v. DEMETRIUS C. NELSON </b> <table> <td>
Nelson was charged by information in lieu of indictment of one count of attempted <br> forcible sodomy, one count of first-degree assault, one count of first-degree burglary, and <br> one count of robbery in the second degree. As relevant to Nelson's Motion, the basis for <br> the charge of attempted forcible sodomy was the allegation that Nelson "on or about the <br> 6th day of September, 2009 [... More...
$0 (12-31-2016 - MO)State of Missouri vs. Dyanthany Proudie,
Dyanthany Proudie (“Defendant”) appeals from the judgment entered after a jury <br> trial on his conviction for murder in the first degree. We affirm. <br> The sufficiency of the evidence at trial is not challenged on appeal. Viewed <br> favorably to the verdicts, it established the following. <br> On January 2, 2013, Ebony Jackson (“Victim”) was visiting St. Louis from <br> Oklahoma w... More...
$0 (05-26-2016 - MO)State of Missouri vs. Richard L. Evans
The sufficiency of the evidence to support Evans's conviction is not in <br> dispute. In the summer of 2011, the victim, a 13-year-old girl, was living with her <br> mother and Evans, who was her stepfather. One day in July 2011, while the <br> victim's mother was at work, Evans called the victim into his room so that she <br> could say good night to him. When she came in, Evans pushed her so t... More...
$0 (05-04-2016 - MO)Walter Barton vs. State of Missouri
On the evening of October 9, 1991, Gladys Kuehler, the manager of an Ozark, <br> Missouri, trailer park, was found lying in a pool of blood on the floor of her trailer. The <br> cause of death was exsanguination as a result of more than 50 stab wounds, an ear-to-ear <br> slitting of her throat that cut the jugular vein, and two X-shaped slash marks on her <br> abdomen deep enough to cause eviscer... More...
$0 (05-04-2016 - MO)State of Missouri vs. Tawanda Kunonga
Kunonga does not challenge the sufficiency of the evidence to support his <br> convictions of murder in the first degree and armed criminal action. We view the <br> evidence in the light most favorable to the verdict. State v. Driskill, 459 S.W.3d 412, 423 <br> (Mo. banc 2015). <br> Latoya Hopkins ("Hopkins") was found dead in her home on June 15, 2010. She <br> had been brutally beaten and s... More...
$0 (03-29-2016 - MO)State of Missouri vs. Scott William Eckert
Mr. Scott W. Eckert appeals his convictions under section 575.2702 for <br> three class C felony victim-tampering counts, for each of which he was <br> sentenced to seven consecutive years of imprisonment. We affirm. <br> While Mr. Eckert’s direct appeal of his forcible rape conviction was <br> pending in 2010 and 2011, he wrote three letters to his teenage niece, asking or <br> reminding her ... More...
$0 (03-15-2016 - MO)State of Missouri vs. James M. Sanders
Sanders was charged with robbery in the first degree for a 2012 bank robbery. He <br> was determined competent to stand trial after a psychiatric examination. Sanders chose <br> to represent himself, and standby counsel was appointed. According to the evidence at <br> trial—the sufficiency of which is not challenged on appeal—Sanders walked into Lindell <br> Bank and handed the teller a not... More...
$0 (02-24-2016 - MO)Andrew J. Kory vs. Bob Gray, Jail Administrator, Daviess/Dekalb Regional Jail
Kory was originally incarcerated in the Daviess/DeKalb Regional Jail on July 2, <br> 2014, after being charged in 2014 ("2014 Information") with rape concerning an incident <br> with a minor victim alleged to have occurred on October 31, 2013 ("Incident"). The State <br> dismissed the 2014 Information on August 11, 2015, but refiled a new Complaint the <br> same day ("2015 Complaint") charging Ko... More...
$0 (01-10-2016 - MO)Andrew J. Kory vs. Bob Gray, Jail Administrator
Kory was originally incarcerated in the Daviess/DeKalb Regional Jail on July 2, <br> 2014, after being charged in 2014 ("2014 Information") with rape concerning an incident <br> with a minor victim alleged to have occurred on October 31, 2013 ("Incident"). The State <br> dismissed the 2014 Information on August 11, 2015, but refiled a new Complaint the <br> same day ("2015 Complaint") charging Ko... More...
$0 (01-06-2016 - MO)Reginald Clemons vs. Steve Larkins
Reginald Clemons was convicted of two counts of first-degree murder and <br> sentenced to death for the April 5, 1991 murders of sisters, Julie Kerry and Robin Kerry. <br> Mr. Clemons filed a petition for a writ of habeas corpus in this Court, seeking to vacate <br> his convictions because he claims that newly discovered evidence shows that he was <br> prejudiced when the state violated Brady v. ... More...
$0 (11-24-2015 - MO)State of Missouri v. Michael L. Fontana
Springfield, Greene County, MO - The State of Missouri charged Michael L. Fontana with forgery in violation of RSMo 570.090:<br> <br> <br> Description: Forgery { Felony C RSMo: 570.090 }<br> Date: 12/10/2011 Code: 1801000 Disposition: Guilty Plea - 11/30/2012<br> OCN: E2096379 Arresting Agency: SPRINGFIELD PD<br> Sentence<br> Sentence: Incarceration DOC<br> Sentence Date: 06/19/2013 ... More...
$0 (11-30-2012 - MO)Mark A. Christenson v. Don Roper, Warden
Petitioner Mark Christeson's first federal habeas petition was dismissed as untimely. Because his appointedattorneys—who had missed the filing deadline—could notbe expected to argue that Christeson was entitled to theequitable tolling of the statute of limitations, Christeson requested substitute counsel who would not be laboring under a conflict of interest. The District Court denie... More...
$0 (01-20-2015 - MO)Brandon L. Swallow v. State of Missouri
Brandon Swallow appeals the circuit court's judgment dismissing his Rule 24.035 motion for post-conviction relief, because the circuit court found his motion was untimely filed. Mr. Swallow claims the circuit court erred in dismissing his motion because he filed it within 180 days of his delivery to the department of corrections for his first degree assault sentence, which triggered the period in ... More...
$0 (05-14-2013 - MO)