Phillips Black

carman deck

Current Proceedings: Federal court vacated death sentence April 2017; State's appeal pending in 8th Circuit.

Case Number: 4:12-cv-01527-CDP; 17-2055 (state’s appeal); 18-1617 (cross-appeal in 8th Circuit)

Judge: Loken, Colloton, and Shepherd

Defendant’s Demographic Information: White Male

Current Counsel:

Legal Status: Briefs filed and case argued and submitted 02/11/2020.

Significant Legal Issues:

• Lengthy delay between conviction and final sentencing proceeding--not attributable to Mr. Deck--caused mitigation evidence to become unavailable and therefore denied Mr. Deck his due process right to a fair sentencing proceeding (Mr. Deck established cause and prejudice under Martinez for this defaulted claim)

• Penalty phase counsels’ failure to investigate, develop, and present mitigating evidence, including testimony describing Mr. Deck’s horrific childhood, his multiple foster placements, as well as poverty, abuse, domestic violence, and neglect from his mother who worked as a prostitute

• Penalty phase counsels’ failure to obtain and present a neuropsychological evaluation of Mr. Deck, in light of his history of head injuries and brain trauma from birth

• Fifth Amendment claim relating to admission of Mr. Deck’s confession at trial

Last Judicial Decision Related to Conviction or Sentence:

• Writ of habeas corpus granted in Eastern District and death sentenced vacated

Reported Opinions:

• Writ of habeas corpus granted April 13, 2017. See Deck v. Steele, 249 F. Supp. 3d 991 (E.D. Mo. 2017)

• Denial of post-conviction relief affirmed by Deck v. State, 381 S.W.3d 389 (Mo. 2012)

• Affirmance of death penalty imposed after third trial; see State v. Deck, 303 S.W.2d 527 (Mo.), cert. denied, 130 S. Ct. 3505 (2010)

• Affirmance of death penalty reversed and remanded by the U.S. Supreme Court on issue of shackling during trial by Deck v. Missouri, 544 U.S. 622 (2005)

• Death penalty affirmed on direct appeal following re-imposition of sentence after earlier grant of penalty phase relief. State v. Deck, 136 S.W.3d 481 (Mo. 2004), cert. granted, 543 U.S. 942 (2004), rev’d, 544 U.S. 622 (2005)

• Penalty phase relief granted on post-conviction appeal by Deck v. State, 68 S.W.3d 418 (Mo. 2002)

• Convictions and sentences affirmed on direct appeal by State v. Deck, 994 S.W.2d 527 (Mo.), cert. denied, 528 U.S. 1009 (1999)

Prior Counsel: Jeannie Marie Willibey

Conviction County: Jefferson

Counts: 2

Victim Demographic:

• White Female

• White Male

Crime Date: 07/08/1996

Sentencing Date:

• 04/27/1998 (1st sentencing)

• 06/30/2003 (1st resentencing)

• 11/07/2008 (2nd resentencing)

Trial Counsel:

• Elizabeth M. Davis and Curtis Cox (1st trial)

• David Bruns and Valerie Leftwich (2nd trial)

• John Tucci and Stephen Reynolds (3rd trial)

Trial Judge: Gary Kramer

Trial Prosecutor:

• Steven Jerrell

• Kevin Zoellner