brian dorsey

Current Proceedings: Federal Habeas Corpus - Western District of Missouri.

Case Number: 4:2015cv08000

Judge: Roseann Ketchmark

Defendant’s Demographic Information: White Male

Current Counsel:

Rebecca Woodman 1263 W. 72nd Terrace Kansas City, MO 64114 785.979.3672 (tel.) email: rewlaw@outlook.com

Marshall Lawrence Dayan & Kirk J. Henderson Federal Public Defender's Office 1001 Liberty Avenue, Suite 1500 Pittsburg, PA 15222 412.644.6565 (tel.) 412.355.2505 (fax) emails: marshall_dayan@fd.org; kirk_henderson@fd.org

 

Legal Status: Habeas Petition & COA denied by WDMO on 09/27/2019; Rule 59(e) Motion denied 05/05/2020.

Significant Legal Issues:

  • Brady and ineffective-assistance claims relating from incomplete DNA evidence disclosed by the prosecution and additional evidence showing that Mr. Dorsey’s DNA was not consistent with the rape swab from the victim

  • Counsels’ failure to investigate guilt before advising Mr. Dorsey to plead guilty

  • Counsel's failure to present evidence of mental illness and polysubstance abuse

  • Conflict of interest from trial counsels’ flat-fee agreement

  • Improper penalty phase closing arguments by prosecutor

Last Judicial Decision Related to Conviction or Sentence:

  • Petitioner's motion for leave to expand the record and for an evidentiary hearing is DENIED; the Petition is DENIED, COA is DENIED, and the case is DISMISSED, Dorsey v. Steele, No. 4:15-08000-CV-RK, 2019 WL 4740518 (W.D. Mo. Sept. 27, 2019)

Reported Opinions:

  • Petitioner's motion for leave to expand the record and for an evidentiary hearing is DENIED; the Petition is DENIED, COA is DENIED, and the case is DISMISSED, Dorsey v. Steele, No. 4:15-08000-CV-RK, 2019 WL 4740518 (W.D. Mo. Sept. 27, 2019)

  • Denial of post-conviction relief affirmed by Dorsey v. State, 448 S.W.3d 276 (Mo. 2014)

  • Convictions and sentences affirmed on direct appeal by State v. Dorsey, 318 S.W.3d 648 (Mo.), cert. denied, 131 S. Ct. 651 (2010)

Prior Counsel:

  • Valerie Sue Leftwich

  • Kent Denzel

Conviction County: Cole

Counts: 2

Victim Demographic:

  • White Female

  • White Male

Crime Date: 12/23/2006

Sentencing Date: 11/18/2008

Trial Counsel:

  • Scott McBride

  • Chris Slusher

Trial Judge: Gene Hamilton

Trial Prosecutor:

  • Robert Sterner

  • Robert Ahsens