TERRANCE Anderson

Current Proceedings: Federal habeas proceedings pending in Eastern District of Missouri

Case Number: 1:19-CV-14-JAR/1:2019cv00014

Judge: John A. Ross

Demographic Information: Black Male

Current Counsel:

Daniel E. Kirsch Capital Habeas Unit Federal Public Defender, Western District of Missouri 1000 Walnut Street, Suite 600 Kansas City, MO 64106 816.471.8282 (tel.) email: Daniel_kirsch@fd.org

Legal Status: Petition for Writ of Habeas Corpus filed on 01/29/2020.

Significant Legal Issues:

  • Admission of unwarned custodial statement made to a court expert during a competency examination, who testified in rebuttal to the defense guilt phase mental health testimony.

  • A series of prosecutorial misconduct, including making inflammatory closing arguments at both the guilt and penalty phases, introducing evidence of Mr. Anderson’s post-Miranda silence, obtaining and using against Mr. Anderson confidential billing information concerning payments made to defense expert, and injecting racial bias into the proceedings.

  • Ineffective assistance of counsel at Mr. Anderson’s resentencing as a result of counsel’s failure to present known mitigating evidence, including expert and lay testimony concerning Anderson’s psychotic depression characterized by paranoid delusions at the time of the crime, and the effects of abuse from Mr. Anderson’s stepfather.

Last Judicial Decision Related to Conviction or Sentence:

  • Affirming overruling of Rule 29.15 motion for post-conviction relief, Anderson v. State, 564 S.W.3d 592 (Mo. 2018)

Reported Opinions:

  • Affirming overruling of Rule 29.15 motion for post-conviction relief, Anderson v. State, 564 S.W.3d 592 (Mo. 2018)

  • Denial of Rule 29.15 relief reversed and remanded for further proceedings by Anderson v. State, 402 S.W.3d 86 (Mo. 2013)

  • Death sentence affirmed on direct appeal (following retrial) by State v. Anderson, 306 S.W.3d 529 (Mo.), cert. denied, 131 S. Ct. 327 (2010)

  • Denial of Rule 29.15 reversed as to penalty phase, affirmed as to guilt phase, by Anderson v. State, 196 S.W.3d 28 (Mo. 2006), cert. denied, 549 U.S. 1223 (2007).

  • Convictions and sentences affirmed on direct appeal by State v. Anderson, 79 S.W.3d 420 (Mo.), cert. denied, 537 U.S. 898 (2002)

Prior Counsel: Valerie Leftwich

Conviction County: Butler, on transfer from Cape Girardeau

Counts: 2

Victim Demographic:

  • White Male (life)

  • White Female (death)

Crime Date: 07/25/1995

Sentencing Date:

  • 5/16/2001 (1st trial)

  • 12/29/2008 (retrial)

Trial Counsel:

  • Charlie Moreland, Scott McBride, Stephanie Jirard (1st trial)

  • Beth Davis-Kerry and Sharon Turlington (2nd trial)

Trial Judge: William L. Syler (1st and 2nd trial)

Trial Prosecutor: Robert J. Ashens, III (1st and 2nd trial)