State Ex Rel. Baker v. Kendrick

ORIGINAL PROCEEDING IN PROHIBITION

LAURA DENVIR STITH, Judge.

This case comes to the Court following a trial in which the jury found Relator, Barry Baker, guilty of first-degree murder but was unable to agree on punishment. Respondent ordered a new penalty-phase trial only, believing such a retrial was permitted and required by this Court’s decision in State v. Whitfield, 107 S.W.3d 253 (Mo. banc 2003), decided after trial but before Respondent had ruled on Relator’s post-trial motions and before sentencing. Relator filed a petition for writ of prohibition in this Court. This Court issued its…