DECK, CARMAN
GENERAL INFORMATIONDOB: August 9, 1965
Race: White
Gender: Male
CRIME AND TRIAL
County of conviction: Jefferson
Number of counts: 2
Race of victim: White/white
Gender of victim: Male/Female
Date of crime: July 8, 1996
Date of sentencing: April 27, 1998 (first sentencing)
June 30, 2003 (on resentencing)
TRIAL COUNSEL:
Elizabeth M. Davis (first trial)
LEGAL STATUS:
Current proceedings:
Last judicial decision:
- Reversed and remanded by the Supreme Court, it was unconstitutional for
defendant to appear in restraints during trial where the trial court gave no
reasons for keeping the defendant in shackles. Deck v. Missouri,
125 S. Ct. 2007 (U.S. 2005).
CURRENT COUNSEL:
Deborah B. Wafer
Missouri Public Defender System
1221 Locus St.
St. Louis, MO 63103
314-340-7662
REPORTED OPINIONS:
- Reversed and remanded by the Supreme Court, it was unconstitutional for
defendant to appear in restraints during trial where the trial court gave no
reasons for keeping the defendant in shackles. Deck v. Missouri,
125 S. Ct. 2007 (U.S. 2005).
- Death penalty affirmed on direct appeal following re-imposition of sentence
after earlier grant of penalty phase relief. State v. Deck, 136
S.W.3d 481 (Mo. banc), cert. granted, 125 S.Ct. 360 (U.S. Oct. 18,
2004).
- Penalty phased relief granted on post-conviction appeal by Deck v. State,
68 S.W. 3d 418 (Mo. banc 2002).
- Convictions and sentence affirmed by State v. Deck, 994 S.W.2d
527 (Mo. banc), cert. denied, 528 U.S. 1009 (1999)
SIGNIFICANT LEGAL ISSUES:
As to first death sentence:
- Sufficiency under Batson of State's proffered race-neutral reasons
for striking minority jurors but not similarly-situated white jurors
- Excessive emotional outbursts during victim impact testimony
- Failure to instruct jury that mitigating circumstances did not have
to unanimously found to exist
As to second death sentence:
- trial court's requirement that Mr. Deck appear in restraints
throughout the proceedings
- breadth of victim impact evidence allowed by trial court
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