Legal Opinion

Ferguson v. Dormire

Missouri Court of Appeals

Decided November 5, 2013No. WD 76058PublishedCited by 17 opinions

1Opinion of the Court

CYNTHIA L. MARTIN, Judge.

Ryan Ferguson (“Ferguson”) was convicted in 2005 of felony murder in the second degree and first degree robbery. Ferguson filed a petition for writ of habeas corpus, petitioning this court to vacate his convictions and to grant him a new trial either: (i) because newly discovered evidence clearly and convincingly establishes that he is actually innocent thus undermining confidence in his conviction, or (ii) because he has established a gateway permitting review of procedurally defaulted claims that his due process rights were violated depriving him of a fair trial.

We…

2Cases cited61 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. United States v. LeonSupreme Court of the United States · 1984
  4. Schlup v. DeloSupreme Court of the United States · 1995
  5. United States v. BagleySupreme Court of the United States · 1985

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3Cited by17 opinions

  1. Brent Ballinger v. Cedar County, MOCourt of Appeals for the Eighth Circuit · 2016
  2. Ryan Ferguson v. John ShortCourt of Appeals for the Eighth Circuit · 2016
  3. State of Missouri v. David E. SmithMissouri Court of Appeals · 2016
  4. Thomas A. McDaniel v. State of MissouriMissouri Court of Appeals · 2014
  5. State of Missouri, ex rel. Chris Koster v. The Honorable Gary Oxenhandler, Circuit Judge of Callaway County, and Judy Groner, Circuit Clerk Callaway County Circuit CourtMissouri Court of Appeals · 2016

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