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STATE EX REL. KOSTER v. McCARVER

No. ED 97414.

376 S.W.3d 46 (2012)

STATE of Missouri, ex rel., Chris KOSTER, Attorney General, Relator, v. Honorable Shawn McCARVER, Associate Circuit Judge, St. Francois County, Missouri, and Vicki Weible, Circuit Clerk, St. Francois County, Respondents.

Missouri Court of Appeals, Eastern District, Writ Division Seven.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 19, 2012.

Attorney(s) appearing for the Case

Andrew W. Hassell , Assistant Attorney General, Jefferson City, MO, for relator.

Ellen H. Flottman , Assistant Public Defender, Columbia, MO, for respondents.

Introduction

PATRICIA L. COHEN, Presiding Judge.

In this original proceeding in certiorari, the State, as relator, requests this court to quash the writ of habeas corpus issued in favor of Robert Gnade by the Circuit Court of St. Francois County.1 The State maintains that the circuit court erred in granting the writ because Gnade failed to show the cause and prejudice necessary to overcome the procedural default of a claim...

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