JEFFREY GARDNER

Jeffrey Gardner was convicted of second degree murder in the Circuit Court of Cass County in 1997 for the offense of second degree murder involving the death of Phillip Hancock and was sentenced to 20 years imprisonment. Jeff was convicted despite strong evidence that he acted in lawful self-defense when he shot the victim. Lawyers from the Clinic became involved in the case on direct appeal and continued to represent Jeff pro bono during his Rule 29.15 proceeding. It was evident to us from the start that Jeff did not receive effective assistance from his trial attorney, who made numerous mistakes during Gardner’s 1997 trial.

The 29.15 litigation culminated with a recent decision from the Missouri Court of Appeals granting Jeff a new trial on the ground that he received ineffective assistance of trial counsel. Gardner v. State, 96 S.W.3d 120 (Mo. App. W.D. 2003). Lawyers from the Clinic thereafter negotiated a plea bargain agreement for Jeff in which he received time served in exchange for a guilty plea to the lesser crime of voluntary manslaughter. After spending 5 ½ years behind bars, Jeff was released from prison on March 31, 2003.

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