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IN RE FERGUSON v. DORMIRE

No. WD 76058.

413 S.W.3d 40 (2013)

In re Ryan FERGUSON, Petitioner, v. Dave DORMIRE, Superintendent, Jefferson City Correctional Center, Respondent.

Missouri Court of Appeals, Western District.

November 5, 2013.

Attorney(s) appearing for the Case

Samuel Henderson , St. Louis, MO, and Kathleen T. Zellner and Douglas H. Johnson , Downers Grove, IL, for petitioner.

Shaun J. MacKelprang and Stephen D. Hawke , Jefferson City, MO, for respondent.

Before Writ Division: GARY D. WITT, Presiding Judge, JOSEPH M. ELLIS, Judge and Cynthia L. Martin, Judge.

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...

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