Rehearing denied after appeal sends Jefferson City murder conviction back to lower court

COLUMBIA, Mo. (KMIZ)

The Missouri Appeals Court has denied the prosecutor's motion to have the case reheard or transferred to the Missouri Supreme Court after it was sent the case back to the circuit court.

Jahuan Whirley was convicted in March 2022 in the death of 33-year-old Justin Kammerich. Investigators say Whirley shot another man but he survived. Authorities say the shooting happened during a robbery in Jefferson City in December 2018.

According to court documents, the State's attempt to have the case reheard by the appeals court was overruled and the request to transfer to the Missouri Supreme Court was also rejected on Tuesday.

Prosecutors filed its motion on July 17 asking for the court to rehear the case or in the alternative have the case transferred to the Missouri Supreme Court.

Court documents state the prosecutors agree with "the resolution of resolution of four of the five issues on appeal but believes the Court overlooked material matters of law and fact in reversing based on the exclusion of alleged alternative perpetrator evidence."

The appeals court agreed with Whirley on claims related to the evidence in the case. He claimed in the appeal the court denied him the chance to present evidence his brother was the actual shooter. His brother, Jaquan Whirley, was convicted in another shooting that happened at about the same time.

In the 21-page motion for rehearing, prosecutors argue there is no evidence or witnesses that support the claim that the brother was the alternative perpetrator of the murder.

It is unclear Wednesday what will happen next in Jahuan Whirley's case.