State v. Nathan

While I concur with the majority’s denial of Nathan’s claim that his rights under Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), were violated, I respectfully dissent from the majority’s rejection of Nathan’s Eighth Amendment claim.

For the reasons noted below and in my separate opinion in Willbanks v. Department of Corrections, SC95395, 522 S.W.3d 238, slip op., 2017 WL 2952445 (Mo. banc 2017) (Stith, J., dissenting), also issued today, most state supreme courts to face the issue, including most recently the Supreme Court of New Jersey in State v. Zuber, 227 N.J.…