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McKay Writ: Missouri Court of Appeals

McKay Writ: Missouri Court of Appeals

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Published by Danny Wicentowski
McKay Writ: Missouri Court of Appeals
McKay Writ: Missouri Court of Appeals

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Published by: Danny Wicentowski on Mar 19, 2014
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06/16/2014

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 1
IN THE MISSOURI COURT OF APPEALS EASTERN DISTRICT STATE OF MISSOURI ) EX REL. CORNELL MCKAY ) ) Petitioner/Relator 
 ,
 ) Missouri Court of Appeals, ) Eastern District, No. v. ) ) HON. ROBIN VANNOY, ) Circuit Court Judge, ) Circuit Court of the City of St. Louis Circuit Court of the City of St. Louis ) Case No. 1222-CR04627 Twenty-Second Judicial Circuit, ) ) Respondent, ) ) and ) ) DALE GLASS, ) Commissioner ) City of Saint Louis Justice Center ) 200 South Tucker Blvd ) Saint Louis, Missouri 63102 ) ) Respondent. )
WRIT SUMMARY I. Parties and Attorneys
Cornell McKay, James R. Dowd Petitioner/Relator James R. Dowd, Attorney & Counselor at Law, LLC 34 N. Brentwood Blvd., Suite 209 St. Louis, MO 63105 Phone: (314) 727-6777 Fax: (314) 727-6773  jim@dowdj.com Robert B. Ramsey Ezra & Associates 850 Vandalia St., Suite 310
 
 2
Collinsville, IL 62234 Phone: (618) 346-1000 Fax: (618) 346-0650  bob@ezralaw.com Thomas J. SanFilippo Thomas SanFilippo & Associates, LLC 1010 Market St., Thirteenth Floor St. Louis, MO 63101 Phone: (314) 669-5752 Fax: (314) 621-8843 thomas@tsalawoffice.com Joseph F. Yeckel Law Office of Joseph F. Yeckel, LLC 7710 Carondelet Ave., Suite 208 St. Louis, MO 63105 Phone: (314) 727-2430 Fax: (866) 873-5905  joe@yeckel-law.com The Honorable Robin R. Vannoy, Circuit Court of the City of St. Louis Respondent Division 3 10 N. Tucker Blvd. St. Louis, Missouri 63101 Dale Glass, City of St. Louis Justice Center Respondent 200 S. Tucker Blvd. St. Louis, Missouri 63102 St. Louis City Prosecuting Attorney Christine Krug Steven Capizzi
Circuit Attorney’s Office
 1114 Market St., Suite 401 St. Louis, MO 63101 Phone: (314) 589-6335 krugc@stlouiscao.org capizzis@stlouiscao.org
II. Nature of Underlying Action
 
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This writ proceeding arises from the criminal prosecution of the Petitioner/Relator Cornell McKay for his alleged involvement in a robbery that occurred on August 10, 2012. On October 11, 2012, an indictment was returned charging Petitioner with first degree armed robbery and armed criminal action. An arrest warrant issued at the time of the indictment. Petitioner turned himself in on August 20, 2012, and has been incarcerated in the St. Louis Justice Center ever since. Petitioner was found guilty by a jury which returned the verdict on December 13, 201
3. Subsequently, Petitioner’s trial counsel missed the deadline for filing a motion for
new trial provided in Supreme Court Rule 29.11. On February 3, 2014, said trial counsel was permitted to withdraw.
Petitioner’s sentencing is set for March 20, 2014.
 
III. Action of Respondent Being Challenged
Petitioner challenges Respondent Vannoy’s ruling denying his request to stay the sentencing and his request to issue a writ of habeas corpus to correct his attorney’s failure
to perfect his appeal. Petitioner also applied for Respondent Vannoy to bring an alleged alternative perpetrator, Keith Esters, to court to testify about newly discovered statements he made to a news reporter which were tantamount to an admission that he, not Petitioner, committed the robbery.
Respondent Vannoy denied all of Petitioner’s motions.
 
IV. Relief Sought by Relator
Petitioner seeks a writ of prohibition directing Respondent Vannoy to postpone
Petitioner’s sentencing to allow Petitioner to file and have a meaningful hearing on
a motion for new trial, including claims based on newly discovered evidence, and thereby  perfect his direct appeal. Petitioner also seeks a writ of habeas corpus to correct the negligent abandonment on appeal by his trial counsel. Petitioner further seeks a hearing on his gateway claim of actual innocent that he has been the victim of a manifest injustice, and that the circumstances are so rare and exceptional as to amount to a denial of his constitutional rights under the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.

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