Criminal Law: Murder-Newly Discovered Exculpatory Evidence

Defendant appealed from the denial of the circuit attorney’s motion for a new trial, after an investigation into defendant’s 1995 murder conviction uncovered new evidence that allegedly demonstrated defendant’s innocence. The trial court concluded that it lacked authority to consider a motion for new trial because the state could not file such a motion and in any event the motion was untimely.

Although the state lacked statutory authority to appeal an order entered in a criminal case following final judgment, the court decided to transfer the case to the Supreme Court, given the potential of a wrongful conviction in this case.

Appeal is dismissed; case transferred.

State v. Johnson (MLW No. 74337/Case No. ED108193 – 11 pages) (Missouri Court of Appeals, Eastern District, per curiam) Appealed from circuit court, City of St. Louis, Hogan, J. (Lindsay Jo Anne Runnels, Tricia J. Bushnell and Matthew A. Jacober, for appellant) (Andrew J. Crane, Michael J. Spillane, Gregory M. Goodwin and Shaun J. Mackelprang, for respondent)