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STATE EX REL. AMRINE v. ROPER

No. SC 84656.

102 S.W.3d 541 (2003)

STATE ex rel. Joseph AMRINE, Petitioner, v. Donald P. ROPER, Superintendent, Potosi Correctional Center, Respondent.

Supreme Court of Missouri, En Banc.

April 29, 2003.

Attorney(s) appearing for the Case

Sean D. O'Brien, Kent E. Gipson, Kansas City, for State.

Jeremiah W. (Jay) Nixon, Atty. Gen., Frank A. Jung, Asst. Atty. Gen., for Respondent.

RICHARD B. TEITELMAN, Judge.

This case presents the issue of whether a Missouri prisoner sentenced to death can obtain habeas relief on a claim of actual innocence alone, independent of any constitutional violation at trial.1 Because the continued imprisonment and eventual execution of an innocent person is a manifest injustice, a habeas petitioner under a sentence of death may obtain relief from a judgment of conviction and sentence of...

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