BARNETT, DAVID

GENERAL INFORMATION

DOB: May 18, 1976
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: St. Louis
Number of counts: 2
Race of victim: White/White
Gender of victim: Male/Female
Date of crime: February 4, 1996
Date of sentencing: May 2, 1997

TRIAL COUNSEL: Ellen Blau, Curtis Cox

LEGAL STATUS:

Current proceedings:

Appeal from denial of Rule 59 (e) Motion in the Eighth Circuit, No. 07-1234.

Last judicial decision:

Motion to Alter Judgment filed by David Barnett DENIED by U.S. District Court, Eastern District of Missouri, Case No. 4:03-CV-614-ERW (before Webber, J.). December 18, 2006.

CURRENT COUNSEL:

Richard H. Sindel
8008 Carondelet Suite 301
Clayton, MO 63105
314-721-6040

John W. Simon
Simon Law Offices
P O Box 16005
Clayton, MO 63105
314-645-1776

Elizabeth U. Carlyle
PO Box 962
Columbus, MS 39703
816-525-6540
FAX: 866-764-1249
email: elizcar@bellsouth.net

REPORTED OPINIONS:

December 15, 2006. Motion to Alter Judgment filed by David Barnett DENIED by U.S. District Court, Eastern District of Missouri, Case No. 4:03-CV-614-ERW (before Webber, J.).
Denial of habeas petition Barnett v. Roper, 2006 WL 2475036 (E.D. Mo. August 24, 2006).
Denial of post-conviction relief affirmed by Barnett v. State, 103 S.W.3d 765 (Mo. banc 2003).
Conviction and sentence affirmed on direct appeal by State v. Barnett, 980 S.W.2d 297 (Mo. banc 1998), cert. denied, 525 U.S. 1161 (1999).

SIGNIFICANT LEGAL ISSUES:

Effectiveness of trial counsel in failing to investigate and present evidence about Mr. Barnett's biological mother, her family, and environmental and genetic factors that affected his development.
Relevance of murder victims' children's wishes that Mr. Barnett not receive the death penalty, in light of the children's religious beliefs.
Ineffectiveness of post-conviction counsel, and the right to effective counsel in post-conviction proceedings, where post-conviction counsel did not draft the amended Rule 29.15 petition with sufficient factual particularity, thereby defaulting the IAC claim about Mr. Barnett's family and person history.
Sufficiency of state's purported gender-neutral reasons for striking female venirepersons
Exclusion of penalty-phase evidence that defendant told high school counselor that father possessed and smoke marijuana
Trial court's refusal of jury's request during deliberations to view exhibit summarizing defense expert's testimony

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