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.

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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

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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

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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

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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.

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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
Patrick.Logan@ago.mo.gov
Attorneys for Relator

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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