Barton Walter

Case Number: 4:14-cv-08001-GAF; SC95139

Judge: Judge Gary A. Fenner (FED)

Demographic Information: White Male

Current Counsel:

  • Frederick A Duchardt , Jr.

  • Michael W Walker

Counsel Contact:

  • P.O. Box 216 Trimble, MO 64492 816-213-0782

  • Duchardt & Walker, LLP 5545 North Oak Trafficway, Suite 8 Kansas City, MO 64118 8116-898-4094

Current Proceedings: Rule 29.15 Oral argument to MO SC scheduled March 1, 2016. Federal stay granted until resolution of MO SC issues.

Legal Status: Oral arguments submitted March 1, 2016. MO Supreme Court affirmed circuit court judgment denying relief.

Hearing Pending: N/A

Significant Legal Issues:

  • Counsel’s ineffectiveness in failing to discover and present evidence that a snitch witness was allowed sexual favors in prison in exchange for his testimony

  • Counsels’ failure to develop and present evidence of trauma-induced and congenital brain damage, and to call family witnesses to corroborate these findings based on Mr. Barton’s history

  • Strong claim of actual innocence, as well as double jeopardy claim stemming from repeated acts of prosecutorial misconduct that have necessitated a total of five trials

  • Additional IAC claims pending on theory of abandonment-of-PCR counsel in Cass County Circuit Court

Last Judicial Decision Related to Conviction or Sentence:

  • Denial of post-conviction relief affirmed by Barton v. State, 432 S.W.3d 741 (Mo. 2014)

Reported Opinions:

  • Supreme Ct en banc affirmed circuit court judgment overruling motion for postconviction counsel abandonment claim. Barton v. State, 486 S.W.3d 332 (Mo. 2016)

  • Denial of post-conviction relief affirmed by Barton v. State, 432 S.W.3d 741 (Mo. 2014)

  • Conviction and sentence affirmed on direct appeal by State v. Barton, 240 S.W.3d 693 (Mo.), cert. denied, 555 U.S. 842 (2008)

  • Denial of post-conviction relief reversed and remanded for further proceedings by Barton v. State, 76 S.W.3d 280 (Mo. 2002)

  • Conviction and sentence affirmed after retrial by State v. Barton, 998 S.W.2d 19 (Mo. 1999), cert. denied, 528 U.S. 1121 (2000)

  • Conviction reversed and remanded by State v. Barton, 936 S.W.2d 781 (Mo. 1996)

Conviction County:

  • Christian (1st trial)

  • Benton (retrial)

  • Cass (subsequent retrial)

Counts: 1

Victim Demographic: W/F

Crime Date: 10/09/1991

Sentencing Date:

  • June 28, 1994 (1st trial)

  • June 10, 1998 (retrial)

  • July 7, 2006 (subsequent retrial)

Trial Counsel:

  • Dan Gralike and Mary Young (1st trial)

  • Dean Price and Louis Nolan (retrial)

  • David Bruns, Brad Kessler, Kim Freter (subsequent retrial)