BLACK, GARY

GENERAL INFORMATION

DOB: July 19, 1950
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Jasper
Number of counts: 1
Race of victim: African-American
Gender of victim: Male
Date of crime: October 2, 1998
Date of sentencing: January 6, 2000

TRIAL COUNSEL:

Valerie Leftwich and Kimberly Shaw

LEGAL STATUS:

• New trial pending

Last judicial decision: 

• Supreme Court of Missouri reversed and remanded for a new trial in State v. Black, ___ S.W.3d ___, 2007 WL 1532725.

CURRENT COUNSEL:

Melinda Pendergraph
Missouri Public Defender System
1221 Locust Street
St. Louis, MO  63101
314-340-7662

REPORTED OPINIONS:

• Supreme Court of Missouri reversed and remanded for a new trial in State v. Black, ___ S.W.3d ___, 2007 WL 1532725.
   
• Black v. State, 151 S.W.3d 49 (Mo. banc Nov. 23, 2004) (conviction and sentence vacated on post-conviction appeal).
   
• State v. Black, 50 S.W.3d 778 (Mo. banc 2001) (sentence and conviction affirmed on direct appeal)

SIGNIFICANT LEGAL ISSUES:

• Trial counsel held ineffective for failing to cross-examine state's eyewitnesses with prior inconsistent statements that would have case doubt upon whether Mr. Black deliberated before stabbing the victim, rather than acting in a fit of rage or in self-defense.
   
• Sufficiency of evidence of deliberation; defense counsel's failure to request submission of lesser-included offense
   

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