CLEMONS, REGINALD

DOB: August 30, 1971
Race: African-American
Gender: Male

CRIME AND TRIAL

County of conviction: St. Louis City
Number of counts: 2 (not including 1 victim injured but not killed)
Race of victim: White/white
Gender of victim: Female/female
Date of crime: April 4, 1991
Date of sentencing: April 9, 1993

TRIAL COUNSEL:

Robert Costantinou

LEGAL STATUS:

Current proceedings: 

CURRENT COUNSEL:

Mark G. Arnold
Husch and Eppenberger
100 B. Broadway, Suite 1300
St. Louis, MO 63102
314-421-4800

John J. Kenney, David Elbaum, Edward D. Johnson, Sharon L. Volckhausen, & Nina L. Rifkind
Simpson and Thacher
425 Lexington Ave.
New York, NY 10017
212-233-4747

REPORTED OPINIONS:

--Petition for certiorari denied, Clemons v. Roper, 126 S.Ct. 41 (2005), reh'g denied, Clemmons v. Roper, 126 S.Ct. 718 (2005)

--Grant of penalty phase habeas relief reversed, denial of guilt phase relief affirmed by Clemmons v. Luebbers, 381 F.3d 744 (8th Cir. 2004), reh'g denied Dec. 21, 2004.

--Habeas granted by Clemmons v. Luebbers, 201 F.Supp.2d 1105 (E.D. Mo. Aug. 1, 2002)

--Conviction, sentence and denial of post-conviction relief affirmed by State v. Clemons, 946 S.W.2d 206 (Mo. banc), cert. denied, 522 U.S. 968 (1997)

SIGNIFICANT LEGAL ISSUES:

--Improper exclusion of equicvocating veniremembers under Witherspoon (habeas relief granted by U.S. District Court on this claim)

--Prosecutor's reference to several well-known serial killers during closing argument

--Admissibility of defendant's statement to police, made after he responded "No sir" when asked whether he wished to waive Miranda rights after having spoken with the police for some two hours, during which he previously confessed.

--Whether trial counsel's notice of intent to raise defense of diminished capacity and notice of mitigating circumstances entitled defendant to a court-appointed expert (or court-provided funds) under Ake.

--Counsel's effectiveness for not presenting mitigating evidence concerning defendant's possible disability or mental defect, and for failing to include a Witherspoon claim in his motion for new trial.

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