State ex rel. Matthew Becker, Franklin County Prosecuting Attorney, Relator Missouri Cases

The Franklin County Prosecuting Attorney, Matthew Becker, sought a writ of prohibition to prevent a circuit court order compelling him and an associate to testify at a pretrial motion hearing. The hearing concerned a motion to strike the State's intent to seek the death penalty, alleging prosecutorial vindictiveness. The Missouri Supreme Court made its preliminary writ of prohibition permanent, holding that the prosecutors' sentencing rationale is privileged work product and that the defendant's allegations did not establish a presumption of prosecutorial vindictiveness because first-degree murder and capital murder are not different charges.