BARTON, WALTER

DOB: January 24, 1956
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Christian
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: October 9, 1991
Date of sentencing: June 28, 1994

TRIAL COUNSEL:

Dan Gralike and Mary Young (first two trials)

Dean Price and Louis Nolan (third trial)

LEGAL STATUS:

Current proceedings:

• Appeal from death verdict at 3rd trial pending before Missouri Supreme Court, Case No. SC87859

Last judicial decision:

• Defendant resentenced to death on July 7, 2006.

CURRENT COUNSEL:

David Bruns
Brad Kessler
8000 Bonhomme Avenue
St. Louis, MO  63105
314-863-6363

REPORTED OPINIONS:

• Defendant resentenced to death on July 7, 2006.
   
• Post-conviction relief (as to guilt and penalty) granted by circuit court of Benton County on January 30, 2004.

• Conviction reversed and remanded by State v. Barton, 936 S.W.2d 781 (Mo. banc 1996)
   
• Conviction and death sentence affirmed after remand. See State v. Barton, 998 S.W.2d 19 (Mo. banc 1999), cert. denied, 528 U.S. 1121 (2000)
   
• Denial of post-conviction relief reversed and remanded by Barton v. State, 76 S.W.3d 280 (Mo. banc 2002)

SIGNIFICANT LEGAL ISSUES:

• post-conviction relief awarded on Brady claim because of prosecutor's failure to disclose inducements to state's "snitch" witness and to correct the witness when she lied about her criminal record from the stand
   
• Pretrial publicity, extent of voir dire, and necessity of venue transfer; admissibility of statement to fellow inmate regarding other crime
   
• Trial counsel's failure to adequately investigate alibi defense and to present mitigating evidence regarding defendant's brain damage and ability to control behavior in prison with appropriate medication and treatment

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