CHARLESTON -- An opinion from the Missouri Court of Appeals Southern District could possibly result in a retrial for a Charleston man convicted of murder.
Justin "Jomo" Robinson of Sikeston was convicted of second degree murder and armed criminal action on Feb. 15, 2005, following a two-day jury trial for his part in the shooting death of Trevor Neal on May 24, 2003, at the corner of Dixie and Osage on Sikeston's west end.
Robinson is now serving a 30-year sentence in the Missouri Department of Corrections.
The opinion was issued on the defense's two-point appeal. The first point, in which the defense claims there was insufficient evidence, is denied in the opinion.
The second point claims one of the hearsay objections that was overruled was a reversible error.
"This opinion does not make sense, period," said Scott County Prosecuting Attorney Paul Boyd.
"It's a slip opinion subject to revision and may not reflect the final opinion adopted by the court," he added.
Boyd said he expects a motion for a rehearing in front of the Missouri Court of Appeals Southern District's full panel.
"That would be all seven of them where this is just three of them," he said. "I believe there will be a motion for the Supreme Court of the state of Missouri to look at this if the Southern District doesn't take it up with the full panel."