CLAY, RICHARD

DOB: January 20, 1965
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Callaway
Number of counts: 1
Race of victim: White
Gender of victim: Male
Date of crime: May 19, 1994
Date of sentencing: Sept. 18, 1995

TRIAL COUNSEL:

Robert C. Wolfrum

LEGAL STATUS:

Current proceedings:

• Clemency

Last judicial decision:

• Petition for certiorari denied  by Clay v. Roper, 125 S. Ct. 2246 (U.S. 2005)

CURRENT COUNSEL:

Elizabeth Carlyle
200 SE Douglas, Suite 200
Lee's Summit, MO 64063
816-525-2050 / 816-525-6540

Jennifer Herndon
33 Flower Valley, #188
St. Louis, MO  63033
314-831-5531 / 314-831-5645

REPORTED OPINIONS:

• Petition for certiorari denied  by Clay v. Roper, 125 S. Ct. 2246 (U.S. 2005)
   
• Grant of habeas reversed by Clay v. Bowersox, 367 F.3d 993 (8th Cir. 2004).
   
• Conviction, sentence, and denial of post-conviction relief affirmed by State v. Clay, 975 S.W.2d 121 (Mo. 1998), cert. denied, 525 U.S. 1085 (1999).

SIGNIFICANT LEGAL ISSUES:

• Brady/Giglio claim based on state's failure to disclose that one of its witnesses would receive a reduced sentence of five years' probation in return for his testimony
   
• admissibility of decedent's wife's out-of-court statements as being made in furtherance of conspiracy with defendant
   
• propriety of prosecutor's penalty phase closing argument
   
• claim that jury was not drawn from a fair cross-section of the community.

Return to casetracker list