AMRINE, JOSEPH
FREE AT LAST
JOSEPH AMRINE WAS RELEASED FROM THE
COLE COUNTY DETENTION CENTER ON
MONDAY, JULY 28, 2003
MISSOURI SUPREME COURT ORDERS
JOE AMRINE'S RELEASE
IF HE IS NOT RE-CHARGED WITHIN 30 DAYS.
On April 29, 2003, the Missouri
Supreme Court issued an opinion granting
Joe a writ of habeas corpus finding that he had established by
"clear and convincing evidence" that he is innocent of the murder
of Gary Barber. Unless the Cole County prosecutor seeks a re-trial,
Mo Supreme Court Opinion
GENERAL INFORMATION
DOB: October 27, 1956
Race: African-American
Gender: Male
CRIME AND TRIAL
County of conviction: Cole
Number of counts: 1
Race of victim: African-American
Gender of victim: Male
Date of crime: October 18, 1985
Date of sentencing: October 30, 1986
Trial Counsel: Julian Ossman
LEGAL STATUS:
Current proceedings: Possible retrial before Cole County Circuit
Court, following grant of habeas corpus from Missouri Supreme Court
Last judicial decision: Habeas corpus granted by Missouri Supreme
Court. See State ex rel. Amrine v. Roper, 102 S.W.3d 541
(Mo. banc 2003)
CURRENT COUNSEL:
Sean D. O'Brien, Kent E. Gipson
Public Interest Litigation Clinic
305 E. 63rd St.
Kansas City, MO 64113
816-363-2795 / e-mail: pilc@pilc.net
REPORTED OPINIONS:
--Habeas granted by See State ex rel. Amrine v. Roper, 102 S.W.3d 541 (Mo. banc 2003)
--Denial of habeas affirmed following remand by Amrine v. Bowersox, 238 F.3d 1023 (8th Cir. 2001), cert. denied, 122 S. Ct. 372 (Oct. 9, 2001).
--Denial of habeas reversed and remanded in part by Amrine v. Bowersox, 128 F.3d 1222 (8th Cir. 1997), cert. denied,, 523 U.S. 1123 (1998)
--Denial of post-conviction relief affirmed by Amrine v. State, 785 S.W.2d 531 (Mo.), cert. denied, 498 U.S. 881 (1990)
--Conviction and sentence affirmed by State v. Amrine, 741 S.W.2d 665 (Mo. 1987)
SIGNIFICANT LEGAL ISSUES:
--availability of habeas corpus relief under Missouri law upon a showing of
actual innocence (habeas granted after court found "clear and convincing
evidence" that Mr. Amrine is innocent)
--factual innocence and the Schlup standard
--trial counsel's failure to impeach witnesses with prior inconsistent statements
--trial counsel's failure to present any mitigating evidence
--trial counsel's failure to object to false testimony at sentencing regarding a prior alleged stabbing by defendant of a different victim
--permissibility of warden testifying about perceived deterrent effect of death penalty