FRANKLIN, JOSEPH P.

GENERAL INFORMATION

DOB: April 13, 1950
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: St. Louis
Number of counts: 1 (2 other individuals shot but not killed during same incident)
Race of victim: Male
Gender of victim: White
Date of crime: October 8, 1977
Date of sentencing: February 27, 1997

TRIAL COUNSEL:

Karen Kraft

LEGAL STATUS:

Current proceedings:

• Appeal by state pending in Eighth Circuit following district court's grant of habeas relief as to guilt and penalty; cross-appeal by Franklin as to claims denied by district court; Eighth Circuit Nos. 05-1043, 05-1047.  Argued November 13, 2006.

Last judicial decision:

• Habeas granted as to guilt and sentencing by U.S. District Court, Eastern District of Missouri, Case No. 00-CV-1465 (per Jackson, J.), unpublished memorandum and order dated June 15, 2004.

CURRENT COUNSEL:

S. Paige Canfield
3889 Juniata
St. Louis, MO 63116-4813
314-664-7635

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

REPORTED OPINIONS:

• Habeas granted as to guilt and sentencing by U.S. District Court, Eastern District of Missouri, Case No. 00-CV-1465 (per Jackson, J.), unpublished memorandum and order dated June 15, 2004.

• Denial of post-conviction relief affirmed by Franklin v. State, 24 S.W.3d 686 (Mo. banc), cert. denied, 531 U.S. 951 (2000).
   
• Sentence affirmed on proportionality review only (the appeal having been waived by defendant), by State v. Franklin, 969 S.W.2d 743 (Mo. banc 1998).

SIGNIFICANT LEGAL ISSUES:

• validity of waiver of right to counsel and of decision to proceed pro se at trial
   
• sufficiency of trial court's instructions on aggravating and mitigating circumstances
   
• Appellate counsel's ineffectiveness in not seeking re-evaluation of Franklin's competency pending direct appeal which defendant had waived
   
• Trial counsel's failure to present evidence that crimes were motivated by obsessive-compulsive disorder and threats directed at Franklin while he was incarcerated in a federal prison.

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