Writ Petition

Electronically Filed - WESTERN DISTRICT CT OF APPEALS - March 23, 2020 - 06:30 PM
WD83688
IN THE MISSOURI COURT OF APPEALS

WESTERN DISTRICT
STATE OF MISSOURI ex rel. )

ERIC S. SCHMITT, )
)
Relator, )
)
v. ) No.____________________
)
THE HONORABLE DANIEL R. GREEN, )
Circuit Judge of Cole County, and )
)
DAWNEL DAVIDSON, Circuit Clerk, )
Cole County Circuit Court, )
)
Respondents. )
PETITION FOR WRIT OF CERTIORARI
The Attorney General of Missouri petitions the Court for a writ of certi-
orari under Article V, § 4 of the Missouri constitution.
This Court should issue a writ of certiorari to review and quash the rec-
ord of the circuit court that issued a March 9, 2020 order granting a writ of
habeas corpus. In support of this request, Relator states as follows:
Parties and Jurisdiction
1. Habeas petitioner Jonathan H. Irons is currently in the custody of the De-
partment of Corrections, and is physically located in the Jefferson City Cor-
rectional Center, which is in Cole County, Missouri.

2. Relator Attorney General Schmitt represents Eileen Ramey, the Warden
with custody over Irons at the time he filed his petition. See (Relator’s Ex-
hibit A). Warden Ramey is the proper custodian. Rule 91.07(c); State ex rel.
Hawley v. Midkiff, 543 S.W.3d 604, 607 (Mo. 2018).
3. Respondent Hon. Daniel R. Green is Circuit Judge for the Circuit Court of
Cole County. Respondent Green issued an order granting a writ of habeas
corpus. Respondent Dawnel Davidson is the Circuit Clerk for the Circuit
Court of Cole County. Respondent Davidson maintains the files for the Cir-
cuit Court of Cole County.
4. The Circuit Court for Cole County is within the territorial jurisdiction of
this Court. Section 477.070, RSMo.
5. Because Relator is the Attorney General of Missouri and is seeking review
of the order granting a writ of habeas corpus, Relator is entitled to a pre-
liminary writ of certiorari as a matter “of course and of right.” State ex rel.
Taylor v. Blair, 210 S.W.2d 1, 3–4 (Mo. 1948); State ex rel. Nixon v. Kelly,
58 S.W.3d 513, 516 (Mo. 2001).
6. This Court has jurisdiction and authority over the case. Article V, § 4, gives
the Missouri Court of Appeals authority to issue “original remedial writs.”
Mo. Const. art. V, § 4. Additionally, the Missouri constitution gives this
Court “general superintending control over all courts and tribunals within
its territorial jurisdiction.” Id. The writ of certiorari is an original remedial
2
writ. See, e.g., 17 Mo. Prac. Civil Rules Practice § 81.01:2 (Mark G. Arnold,
editor, 2015 edition) (describing the writ of certiorari as the only original
remedial writ not codified by Missouri Supreme Court Rule); see also State
ex rel. Nixon v. Sprick, 59 S.W.3d 515, 516 (Mo. 2001) (describing case as
“an original proceeding in certiorari...”).
7. This Court has jurisdiction and authority to consider the petition due to the
fact that the Circuit Court of Cole County is within this Court’s territorial
jurisdiction.
Procedural History
8. On December 21, 2018, Irons filed his petition for a writ of habeas corpus
in the Circuit Court of Cole County in Irons v. Ramey, 18AC-CC00510.
9. Irons’ petition challenged the Judgment and Sentence of the St. Charles
County Circuit Court in State v. Jonathan Houston Irons, CR197-271FX. A
jury found Irons guilty of first-degree assault, first-degree burglary, and
armed criminal action, and the trial court sentenced Irons to a total of fifty
years’ incarceration.
10. Respondent Green issued a show cause order to Warden Ramey, and War-
den Ramey responded. Irons replied to Warden Ramey’s response. On May
13, 2019, Respondent Green scheduled an evidentiary hearing to determine
whether Irons’ claims were procedurally defaulted. Irons requested that
3
hearing continued. Respondent Green re-scheduled the hearing to October
9, 2019.
11. During the October 9, 2019 hearing, Irons presented evidence beyond pro-
cedural default and directed to the merits of his claims. Warden Ramey
presented testimony from one witness relevant to Irons’ first claim for re-
lief. At the conclusion of the hearing, over Warden Ramey’s objection, Re-
spondent Green allowed Irons to amend his habeas petition.
12. On October 15, 2019, Irons filed a motion to compel the Missouri Highway
Patrol to submit fingerprint evidence from his criminal case to the Auto-
mated Fingerprint Identification System (“AFIS”). Warden Ramey did not
object to Irons’ motion. Irons filed his amended habeas petition on October
22, 2019 and Warden Ramey requested time to respond to the amended
petition after the results of the Missouri Highway Patrol’s testing were sub-
mitted. Respondent Green granted Warden Ramey’s request.
13. The Missouri Highway Patrol determined that the fingerprint lifts in ques-
tion were not suitable for comparison purposes and notified Respondent
Green and the parties.
14. Warden Ramey filed a response to Irons’ amended petition on March 6,
2020.
15. On March 9, 2020, Respondent Green granted a writ of habeas corpus va-
cating Irons’ convictions and sentences and ordering the St. Charles
4
County Prosecuting Attorney to elect to retry Irons within thirty days. Re-
spondent Green granted relief only on Irons’ claim that the State had failed
to disclose a fingerprint report before Irons’ trial. Respondent Green fur-
ther stayed this order pending appellate review.
Errors for Review
16. Respondent Green’s order granting habeas relief was issued in excess of
authority and was an abuse of discretion for three reasons: (1) Irons cannot
show cause to excuse his procedural default because he had reason to know
of the existence of the fingerprint report at the time of trial; (2) Irons cannot
show that the information contained in the fingerprint report was not dis-
closed before trial; and (3) Even if the fingerprint report was not disclosed,
Irons cannot show materiality.
Scope of Certiorari Materials
17. It is not necessary for this Court to order a complete copy of every pleading
filed in the underlying case. See State ex rel. Koster v. Green, 388 S.W.3d
603, 606 n. 5 (Mo. App. W.D. 2012), citing Rule 84.22.
18. In this case, the appropriate materials are: 1) the amended petition for writ
of habeas corpus and exhibits filed October 22, 2019; 2) Warden Ramey’s
response to the amended petition filed March 6, 2020 and the attached ex-
hibits; and 3) Respondent Green’s order granting habeas relief on March 9,
2020.
5
19. For the Court’s convenience, Relator has attached these documents to the
petition.
Conclusion
For these reasons, Relator asks the Court to issue a preliminary writ of
certiorari directed at Respondents in their official capacity. Relator requests
that this Court order Respondent Davidson to certify to this Court a true, full,
and complete copy of the materials listed in paragraph 18. Relator further re-
quests that this Court direct Suggestions in Opposition be filed so that this
Court may adjudicate the legality of the proceedings and make any further
adjudications and orders therein as right and just.
Respectfully submitted,
ERIC S. SCHMITT
Attorney General
/s/ Patrick Logan

PATRICK J. LOGAN
Assistant Attorney General
Missouri Bar No. 68213
P. O. Box 899
Jefferson City, MO 65102
(573) 751-1508
(573) 751-3825 fax
[email protected]
Attorneys for Relator
6
CERTIFICATE OF SERVICE
I hereby certify that a true and
correct copy of the foregoing was
sent via electronic mail to Tay-
lor L. Rickard, Kent. E Gipson,
the Hon. Daniel R. Green, and
Dawnel Davidson this 23 day of
March, 2020.
/s/Patrick Logan
Assistant Attorney General

Writ Petition

Uploaded by

Copyright:

Available Formats

Writ Petition

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Writ Petition

Uploaded by

Copyright:

Available Formats

What is the case about?

What is the case about?

What relief is the relator seeking?

What relief is the relator seeking?

Electronically Filed - WESTERN DISTRICT CT OF APPEALS - March 23, 2020 - 06:30 PM

IN THE MISSOURI COURT OF APPEALS

STATE OF MISSOURI ex rel. )

PETITION FOR WRIT OF CERTIORARI

orari under Article V, § 4 of the Missouri constitution.

habeas corpus. In support of this request, Relator states as follows:

Parties and Jurisdiction

1. Habeas petitioner Jonathan H. Irons is currently in the custody of the De-

partment of Corrections, and is physically located in the Jefferson City Cor-

rectional Center, which is in Cole County, Missouri.

Hawley v. Midkiff, 543 S.W.3d 604, 607 (Mo. 2018).

Cole County. Respondent Green issued an order granting a writ of habeas

cuit Court of Cole County.

this Court. Section 477.070, RSMo.

5. Because Relator is the Attorney General of Missouri and is seeking review

of the order granting a writ of habeas corpus, Relator is entitled to a pre-

58 S.W.3d 513, 516 (Mo. 2001).

the Missouri Court of Appeals authority to issue “original remedial writs.”

Mo. Const. art. V, § 4. Additionally, the Missouri constitution gives this

its territorial jurisdiction.” Id. The writ of certiorari is an original remedial

“an original proceeding in certiorari...”).

in the Circuit Court of Cole County in Irons v. Ramey, 18AC-CC00510.

County Circuit Court in State v. Jonathan Houston Irons, CR197-271FX. A

jury found Irons guilty of first-degree assault, first-degree burglary, and

den Ramey responded. Irons replied to Warden Ramey’s response. On May

13, 2019, Respondent Green scheduled an evidentiary hearing to determine

whether Irons’ claims were procedurally defaulted. Irons requested that

spondent Green allowed Irons to amend his habeas petition.

mated Fingerprint Identification System (“AFIS”). Warden Ramey did not

mitted. Respondent Green granted Warden Ramey’s request.

Green and the parties.

14. Warden Ramey filed a response to Irons’ amended petition on March 6,

to disclose a fingerprint report before Irons’ trial. Respondent Green fur-

ther stayed this order pending appellate review.

Errors for Review

Irons cannot show materiality.

Scope of Certiorari Materials

603, 606 n. 5 (Mo. App. W.D. 2012), citing Rule 84.22.

hibits; and 3) Respondent Green’s order granting habeas relief on March 9,

certiorari directed at Respondents in their official capacity. Relator requests

adjudications and orders therein as right and just.

/s/ Patrick Logan

You might also like