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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law : Newly Discovered Evidence – Actual Innocence – Pathologist Testimony

Criminal Law : Newly Discovered Evidence – Actual Innocence – Pathologist Testimony

Where a defendant convicted in a first-degree murder case filed a petition for habeas corpus in which he brought an actual innocence claim arguing that the victim died from methamphetamine toxicity and that the medical examiner committed perjury by testifying that the victim died from asphyxiation, the defendant did not meet his burden to show by a preponderance that no reasonable juror would have convicted him, and he also did not establish a cause external to the defense through his allegations of perjury by the medical examiner or that the state committed Brady violations, so no gateway was established to address the procedurally defaulted claims of constitutional error.

Petition denied.

In re: Jessie McKim v. Cassady (MLW No. 67365/Case No. WD77803 – 43 pages) (Missouri Court of Appeals, Western District, Martin, J.) Original proceeding in habeas corpus (Jennifer Koboldt Bukowsky, Columbia, for petitioner) (Michael J. Spillane, Jefferson City, for respondent).

Read the full text of this opinion. (PDF)