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STATE EX REL. BAKER v. KENDRICK

No. SC 85653.

136 S.W.3d 491 (2004)

STATE ex rel. Barry K. BAKER, Relator, v. The Honorable Larry KENDRICK, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 1, 2004.

Attorney(s) appearing for the Case

Deborah B. Wafer, Teoffice E. Cooper, Cynthia A. Dryden, Office of the Public Defender, St. Louis, for Relator.

Joseph S. Dueker, Douglas J. Sidel, Prosecuting Attorneys Office, Clayton, for Respondent.

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...

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