BANNISTER, ALAN JEFFERY ("A.J.")
General Information
DOB: July 1, 1958
Race: White
Gender: Male
Crime and Trial
County of conviction: McDonald
Number of counts: One
Race of victim: White
Gender of victim: Male
Date of crime: August 21, 1982
Date of sentencing: March 14, 1983
Date of execution: October 22, 1997
Legal status:
Trial Counsel: Ray Gordon
Last counsel of record:
Kent E. Gipson
Public Interest Litigation Clinic
305 E. 63rd St.
Kansas City, MO 64113
816-363-2795
Bruce E. Baty
Stinson Morrison Hecker
2600 Grand Ave.
Kansas City, MO 64108
816-691-2600
Last judicial decision:
Petition for habeas corpus under U.S. Supreme Court original
jurisdiction, and for stay of execution, denied by In re Bannister,
522 U.S. 944 (1997).
Reported Opinions:
--Conviction and sentence affirmed on direct appeal by State v.
Bannister, 680 S.W.2d 141 (Mo. banc 1984), cert. denied, 471 U.S.
1009 (1985).
--Denial of post-conviction relief affirmed by Bannister v. State, 726 S.W.2d 821 (Mo. App. S.D.), cert. denied, 483 U.S. 1010 (1987).
--Habeas corpus denied by Bannister v. Armontrout, 807 F. Supp. 516 (W.D. Mo. 1991), aff'd, 4 F.3d 1434 (8th Cir. 1993), cert. denied, 513 U.S. 960 (1994).
--Successive petition for habeas corpus dismissed by Bannister v. Delo, 904 F. Supp. 998 (W.D. Mo. 1995), aff'd, 100 F.3d 610 (8th Cir. 1996), cert. denied, 521 U.S. 1126 (1997).
--Application to file second petition for habeas corpus, and for stay of execution, denied by Bannister v. Bowersox, 128 F.3d 621 (8th Cir. 1997).
--Petition for habeas corpus under U.S. Supreme Court original jurisdiction, and for stay of execution, denied by In re Bannister, 522 U.S. 944 (1997).
Significant legal issues:
--trial counsel's failure to investigate and present evidence regarding Mr. Bannister's mental health as a defense at both the guilt and sentencing phases of the proceedings
--seating of a Morgan-excludable juror who stated that he did not want an inmate to be sentenced for life and to live "in a jail cell at my expense"
--police officers' interrogation of Mr. Bannister after he was appointed counsel at his arraignment (and the prosecution's resulting use of Mr. Bannister's confession at trial), in violation of the Sixth Amendment