Phillips Black

WALTER Barton

Current Proceedings: Federal relief denied, post-cert. Execution date set. Original Writ Rule 91 pending in Missouri Supreme Court. Motion to stay execution in light of Covid-19, pending as of April 14, 2020. Executed May 19, 2020.

Case Number: 4:14-cv-08001-GAF; SC95139; SC98343

Judge: Unknown

Demographic Information: White Male

Current Counsel:

Legal Status: Original writ filed 02/03/2020, raising two claims: (1) actual innocence; and (2) incompetent to be executed (supplemental suggestions in support filed 02/10/2020).

Significant Legal Issues:

• Trial counsel failed 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

• Incompetence to be executed

Last Judicial Decision Related to Conviction or Sentence:

• Denial of COA by 8th Circuit, Barton v. Griffith, No. 18-2241 (8th Cir. Dec. 21, 2018)

• Denial of habeas relief by Barton v. Steele, No. 14-08001-CV-W-GAF (W.D. Mo. Apr. 9, 2018)

Reported Opinions:

• Supreme Court en banc affirmed circuit court judgment overruling motion for post-conviction 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)

Prior Counsel:

• Elizabeth Unger Carlyle (Benton)

• Frederick A. Duchardt, Jr. (Cass)

• Gary Eugene Brotherton (Cass)

• Amy Marie Bartholow (Cass)

• Valerie Sue Leftwich (Cass)

• Pete E. Carter (Cass)

Conviction County:

• Christian (1st trial)

• Benton (retrial)

• Cass (subsequent retrial)

Counts: 1

Victim Demographic: White Female

Crime Date: 10/09/1991

Sentencing Date:

• 06/28/1994 (1st trial)

• 06/10/1998 (retrial)

• 07/07/2006 (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)

Trial Judge: Unknown

Trial Prosecutor: Uknown