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Case development out of Missouri

By Karl R. Keys, Esq.

In Michael Taylor v. State the Missouri Supreme Court reverses The circuit court denied postconviction relief. In a decision written by Chief Justice Laura Denvir Stith, the Supreme Court of Missouri concludes that the prosecution failed to obey rules and a court order requiring it to provide the impeaching information and that defense counsel were ineffective in impeaching the witness and in failing to present mitigating evidence in the penalty phase. In a 6-0 decision, the Court affirms the findings with respect to the guilt phase of the trial, holding that these failures would not have affected the outcome of the guilt phase, in which the inmate admitted the murder but claimed he was not guilty by reason of mental disease or defect. In a 3-1-2 decision, the Court reverses as to the death penalty phase and remands (sends back) the case for a new penalty phase trial on the basis that there is a reasonable likelihood that the outcome of the penalty phase proceeding may have been different but for these errors...continue to full post

Full post as published by Capital Defense Weekly on August 27, 2008 (boomark / email).