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· 5/3/2011

State Ex Rel. Koster v. McElwain

Citations

  • 340 S.W.3d 221
  • 2011 WL 1119756

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Brady prejudice was established where all evidence of reports of domestic violence by victim’s estranged husband had been suppressed by the State
  • holding the defendant remained a charged suspect eligible for retrial and directing the State to retry 8 the defendant within 180 days of the appellate mandate or defendant was to be discharged from custody
  • finding that habeas petitioner established Brady 6 prejudice “because all evidence suggesting that [the alleged alternative perpetrator] had a motive and an opportunity to murder [the victim] became admissible” once the alleged alternative perpetrator had been directly connected to the murder
  • “[T]he sufficiency of the evidence to support the writ of habeas corpus as a whole is a question of law subject to certiorari review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Writ, Martin, Pfeiffer, Witt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.