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Criminal Law: First-Degree Murder – DNA Evidence – New Trial

Stephanie Maniscalco//May 26, 2010//

Criminal Law: First-Degree Murder – DNA Evidence – New Trial

Stephanie Maniscalco//May 26, 2010//

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State v. Stewart (MLW No. 60691/Case No. SC90503 – 11 pages)

Where a defendant convicted of argued for a based on newly discovered evidence that his brother-in-law’s DNA was found on a bloody hat at the crime scene and that the brother stated that he had killed someone, a new trial is ordered because the evidence was credible and raised a substantial doubt as to the result on a retrial.

Judgment is reversed and remanded.

State v. Stewart (MLW No. 60691/Case No. SC90503 – 11 pages) (Supreme Court of Missouri, Russell, J.; all concur) Appealed from circuit court, Greene County, Perigo, J. (Rosalynn Koch, Columbia, for appellant) (Karen L. Kramer, Jefferson City, for respondent).

Click here to read the opinion.


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