FERGUSON, JEFFREY

GENERAL INFORMATION

DOB: January 24, 1955
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: St. Louis
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: February 9, 1989
Date of sentencing: November 6, 1992 (first sentencing)
December 8, 1995 (second sentencing)

TRIAL COUNSEL:

Donald Wolf (during first sentencing)
Chris Slusher and Nancy McKerrow (during second sentencing)

LEGAL STATUS:

• Lethal Injection Legislation

Last judicial decision:

• Petition for writ of certiorari denied by the Supreme Court,  No.: 05-6938 on January 9, 2006.

CURRENT COUNSEL:

Michael J. Gorla
720 Olive Suite 2301
St. Louis, MO 63101
314-621-1617

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

REPORTED OPINIONS:

• Habeas denied by unpublished order dated July 17, 2003; motion to alter or amend judgment denied August 4, 2003 (per Perry, J., in Case No. 4:00-CV-01882-CDP).
   
• denial of habeas affirmed by Eighth Circuit Court of Appeals, Ferguson v. Roper, 400 F.3d 635 (8th Cir. 2005); reh'g and reh'g en banc, denied by Ferguson v. Roper, 2005 U.S. App. LEXIS 8198 (8th Cir. May 20, 2005).
   
• Conviction, sentence and denial of 29.15 following retrial affirmed by State v. Ferguson, 20 S.W.3d 485 (Mo. banc), cert. denied, 531 U.S. 1019 (2000).
   
• Conviction and sentence reversed on direct appeal after first trial by State v. Ferguson, 887 S.W.2d 585 (Mo. banc 1994)

SIGNIFICANT LEGAL ISSUES:

• Extent of voir dire permitted by trial court regarding jurors' willingness to consider mitigating evidence
   
• Whether choosing victim at random satisfied the "depravity of mind" aggravating circumstance
   
• Objectivity of circuit judge during trial and 29.15 proceedings
   
• Counsel's effectiveness in failing to demonstrate primary culpability of Ferguson's co-defendant
   
• Brady and actual innocence claim regarding discrediting of former FBI agent who conducted hair and fiber analysis in the case

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