Court Overturns Ferguson's Conviction, New Trial Possible

4 years 1 month 1 week ago Tuesday, November 05 2013 Nov 5, 2013 Tuesday, November 05, 2013 9:02:00 AM CST November 05, 2013 in News
By: Eric Hilt, KOMU 8 Reporter
loading

COLUMBIA - The Missouri Western District Court of Appeals published an opinion on the Ryan Ferguson case Tuesday, ordering Ferguson's convictions to be vacated, meaning he could be released from the state's custody in two weeks if the state does not refile charges.

In September, Ferguson had a hearing in front of the court of appeals where Ferguson's lawyer argued information that could have helped Ferguson in the original, 2004 trial was not given to the defense. 

The opinion from the court reads: "Ferguson's request for habeas corpus relief is granted. Ferguson's convictions are vacated. Ferguson is ordered discharged from the State's custody."

But that does not mean Ferguson will walk free immediately. The state now has 15 days to decide whether to refile charges against Ferguson. If it does so within that time, Ferguson will move back to the Boone County Jail to await trial. But if prosecutors do not charge Ferguson again, he will go free.

Ferguson was convicted of the 2001 murder of Kent Heitholt outside the Columbia Tribune. Jerry Trump, a janitor at the building, testified in the original trial that he saw Ferguson at the scene of the murder, but later admitted he lied and did not actually see Ferguson.

At the appeal, Ferguson's lawyer argued an interview with Trump's wife, Barbara, conducted by the state, was not shared with the defense. Withholding exculpatory evidence from the defense is unconstitutional and referred to as a Brady Violation. 

 Read the full opinion of the court here:

None

Related Stories

More News

Grid
List
FULTON - An Osage Beach man pleaded guilty on Monday to four counts of statutory rape, after being charged with... More >>
9 minutes ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 3:53:49 PM CST December 18, 2017 in News
BOONE COUNTY - Prosecutors charged a Columbia man with resisting arrest after he allegedly led them on a high-speed chase.... More >>
49 minutes ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 3:13:41 PM CST December 18, 2017 in News
COLUMBIA- Columbia Parks and Recreation in conjunction with GetAbout Columbia is introducing its new CoMO Bike Co-op, with a strong... More >>
1 hour ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 2:44:00 PM CST December 18, 2017 in News
AUDRAIN COUNTY - Investigators want the public's help in gathering information about the death of Antonio Jefferson , who was... More >>
1 hour ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 2:31:00 PM CST December 18, 2017 in News
DUPONT, Wash. (AP) - A U.S. official says the Amtrak train derailment that happened outside of Seattle has killed at... More >>
2 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 1:04:00 PM CST December 18, 2017 in News
HOWARD COUNTY - One woman died following a single-vehicle crash Sunday morning on Highway 5. According to the Missouri... More >>
3 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 12:41:28 PM CST December 18, 2017 in News
MEXICO - Police are looking for a suspect in connection with a shooting over the weekend which left one person... More >>
4 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 11:56:00 AM CST December 18, 2017 in News
JEFFERSON CITY - A 47-year-old woman is listed in critical condition after suffering a gunshot wound to the head late... More >>
5 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 11:02:00 AM CST December 18, 2017 in News
COLUMBIA - MU police officers arrested a man on Sunday after finding drugs and a modified gun during a traffic... More >>
5 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 10:52:28 AM CST December 18, 2017 in News
BRANSON WEST (AP) - Authorities say two people from Kansas have died in a small plane crash in southwest Missouri.... More >>
5 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 10:19:00 AM CST December 18, 2017 in News
COLUMBIA - Police arrested a man Sunday night on several warrants, including one connected to a shots fired incident in... More >>
6 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 9:31:00 AM CST December 18, 2017 in News
UPDATE (3:23 p.m) One employee at the Gates Rubber Corporation suffered minor burns from the fire, according to a press... More >>
12 hours ago Monday, December 18 2017 Dec 18, 2017 Monday, December 18, 2017 3:12:00 AM CST December 18, 2017 in News
COLUMBIA - Power was restored to 1,922 Columbia customers, according to Columbia Water & Light. The outage affected customers... More >>
17 hours ago Sunday, December 17 2017 Dec 17, 2017 Sunday, December 17, 2017 10:35:00 PM CST December 17, 2017 in News
CAPE GIRARDEAU (AP) — A Cape Girardeau man will likely spend the rest of his life in prison for shooting... More >>
20 hours ago Sunday, December 17 2017 Dec 17, 2017 Sunday, December 17, 2017 8:00:30 PM CST December 17, 2017 in News
COLUMBIA - Three years after picking up a disc for the first time, Cynthia Riccotti is thriving in her quest... More >>
21 hours ago Sunday, December 17 2017 Dec 17, 2017 Sunday, December 17, 2017 6:25:00 PM CST December 17, 2017 in News
TIPTON - A family is trying to recover after losing everything in a house fire, and with help from the... More >>
22 hours ago Sunday, December 17 2017 Dec 17, 2017 Sunday, December 17, 2017 5:20:00 PM CST December 17, 2017 in News
BOONE COUNTY - A boil advisory is in affect for Water Supply District No. 10 in Boone County. According... More >>
22 hours ago Sunday, December 17 2017 Dec 17, 2017 Sunday, December 17, 2017 5:18:00 PM CST December 17, 2017 in News
CAMDEN COUNTY - A Kansas City woman has been arrested in connection with a fatal car crash in Camden County... More >>
23 hours ago Sunday, December 17 2017 Dec 17, 2017 Sunday, December 17, 2017 4:48:00 PM CST December 17, 2017 in News
Columbia, MO
Broken Clouds 52°
4pm 52°
5pm 49°
6pm 47°
7pm 46°

Select a station to view its upcoming schedule:

Coming Up Next

3:00p
Dr. Phil
4:00p
Jeopardy!
4:30p
Jeopardy!
3:00p
The Robert Irvine Show
4:00p
The Goldbergs
4:30p
The Goldbergs

Tonight's Schedule

7:00p
The Voice
9:01p
Ellen's Game of Games
7:00p
Popstar's Best of 2017
8:00p
The Hollywood Walk of Fame Honors 2017
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld