· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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