Legal Opinion

State of Missouri v. Brian Keith McBenge

Missouri Court of Appeals

Decided November 15, 2016No. ED102147PublishedCited by 3 opinions

1Opinion of the CourtRobert M. Clayton Iii, Presiding Judge

Brian Keith McBenge (“Defendant”) appeals the judgment entered upon a jury verdict convicting him of first-degree murder for his alleged involvement in the 1984 killing of Eleonora Knoernschild (“Victim”). We reverse and remand for a new trial.

I. BACKGROUND

Over two decades after Victim’s murder, a DNA analysis linked Defendant and his brother Cecil McBenge 1 to evidence found on or near Victim’s property shortly after she was killed. In separate underlying cases, Defendant and Cecil were each charged with and found guilty by a jury of first-degree murder based on accomplice liability. 2 The…

2Cases cited48 opinions

  1. State v. GrimSupreme Court of Missouri · 1993
  2. State v. BernardSupreme Court of Missouri · 1993
  3. State v. RousanSupreme Court of Missouri · 1998
  4. State v. O'BRIENSupreme Court of Missouri · 1993
  5. State v. SladekSupreme Court of Missouri · 1992

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3Cited by3 opinions

  1. State v. BettsMissouri Court of Appeals · 2018
  2. Brian McBenge v. State of MissouriMissouri Court of Appeals · 2022
  3. State of Missouri v. Leroy Coleman, Jr.Missouri Court of Appeals · 2019

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