GRIFFIN-EL, MILTON

Crime and Trial

County of conviction: St. Louis City
Number of counts: One (in addition to one non-capital count involving the same incident)
Race of victim: White
Gender of victim: Male
Date of crime: August 14, 1986
Date of sentencing: August 12, 1987
Date of execution: March 25, 1998

Legal status:

Trial Counsel:
Linda Murphy

Last counsel of record:
Gerald A. Sims, Jr.
W. Morris Taylor, P.C.
231 S. Bemiston, Suite 700
St. Louis, MO 63105
314/725-7000

Kent. E. Gipson
Public Interest Litigation Clinic
305 E. 63rd St.
Kansas City, MO 64113
816-363-2795

Last judicial decision:

--Denial of habeas corpus under U.S. Supreme Court original jurisdiction, and of application for stay of execution, by In re Griffin-El, 523 U.S. 1018 (1998).

Reported Opinions:

--Conviction and sentence affirmed on direct appeal by State v. Griffin, 756 S.W.2d 475 (Mo. banc 1988), cert. denied, 490 U.S. 1113 (1989).

--Denial of post-conviction relief affirmed by Griffin v. State, 794 S.W.2d 659 (Mo. banc 1990), cert. denied, 501 U.S. 1259 (1991).

--Denial of habeas corpus under U.S. Supreme Court original jurisdiction, and of application for stay of execution, by In re Griffin-El, 523 U.S. 1018 (1998).

Significant legal issues:

--Batson claim stemming from prosecutor's use of peremptory challenges to strike five African-American venirepersons

--refusal of trial court to allow mitigating evidence in the form of expert testimony that the death penalty does not tend to deter murders among black males, in light of the Missouri Supreme Court's allowance of expert testimony (in another case) from the prison warden to the effect that the death penalty deters crimes in prison

--trial court's refusal to strike a juror who expressed strong doubts as to whether he would draw an adverse inference from the failure of defendant to testify.

--penalty phase instruction that effectively required jury to find mitigating circumstances unanimously in order to give them effect, in violation of Mills v. Maryland

--sentencing to death by trial judge as to the white male victim involved in the crime, after the jury sentenced Mr. Griffin-El to life for the murder of the black female victim and could not decide on a punishment for the other victim

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