State ex rel. Dally v. Elliston

ROBERTSON, Judge.

Relator David C. Dally, the Prosecuting Attorney of Jasper County (the State), filed this original action in prohibition seeking to prevent respondent, the Honorable L. Thomas Elliston, Judge of the Circuit Court of Jasper County, from entering an order striking the State’s allegations of aggravating circumstances in a first degree murder case filed pursuant to Sections 565.005 and 565.032.2(7), RSMo 1986. As this Court has exclusive appellate jurisdiction over matters pertaining to the death penalty, we waive the requirement that the petition for writ be filed in the court…