CLAYTON, CECIL

DOB: April 16, 1940
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Jasper (on venue transfer from Barry)
Number of counts: 1
Race of victim: White
Gender of victim: Male
Date of crime: November 27, 1996
Date of sentencing: December 8, 1997

TRIAL COUNSEL:

Ross Rhoades

LEGAL STATUS:

Current proceedings:

• Appeal from denial of habeas application in front of 8th Circuit, No. 06-3260.

Last judicial decision:

• COA from denial of habeas application granted in part by U.S. District Court, Western District of Missouri (Laughrey, J.), Case No. 02-MC-8001.

CURRENT COUNSEL:

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

Susan Hunt
819 Walnut St., Suite 308
Kansas City, MO 64106

REPORTED OPINIONS:

•  Clayton v. Luebbers, 2006 WL 1128803 (W.D. Mo. 2006) (Habeas denied by U.S. District Court, Western District of Missouri (Laughrey, J.)).
   
• Denial of 29.15 motion affirmed by Clayton v. State, 63 S.W.3d 201 (Mo. banc 2001).
   
• Conviction and sentence affirmed on direct appeal by State v. Clayton, 995 S.W.2d 468 (Mo. banc), cert. denied, 528 U.S. 1027 (1999).

SIGNIFICANT LEGAL ISSUES:

• Mr. Clayton has been proved by both defense and state examination to be incompetent to proceed.
   
• Trial counsel's effectiveness in simultaneously pursuing defenses of diminished capacity and state's failure to prove guilt beyond a reasonable doubt
   
• Trial counsel's failure to call various witnesses and introduce various documents in support of diminished capacity defense during guilt phase, as well as in mitigation at penalty phase
   
• Exclusion for cause of venireperson who expressed ability/willingness to vote for death penalty in "extreme cases" only.

Return to casetracker list