State ex rel. Koster v. McCarver

Introduction

PATRICIA L. COHEN, Presiding Judge.

In this original proceeding in certiorari, the State, as relator, requests this court to quash the writ of habeas corpus issued in favor of Robert Gnade by the Circuit Court of St. Francois County.1 The State maintains that the circuit court erred in granting the writ because Gnade failed to show the cause and prejudice necessary to overcome the procedural default of a claim that Gnade could have raised on direct appeal or in a Rule 29.15 motion. We decline to quash the record of the circuit court.

Background

On May 14, 2008, a Lincoln County jury…