GUINAN, FRANK JOSEPH

DOB: March 10, 1964
Race: White
Gender: Male

Crime and Trial

County of conviction: Franklin (first case)
Cole (second case)
Number of counts: One (first case)
One (second case)
Race of victim: White (first case)
African-American (second case)
Gender of victim: Male (first case)
Male (second case)
Date of crime: January 25, 1981 (first case)
November 29, 1985 (second case)
Date of sentencing: May 27, 1982 (first case)
September 12, 1986 (second case)
Date of execution: October 6, 1993

Legal status:

Last counsel of record:
William E. Reeves
Ward & Reeves
P.O. Box 169
Caruthersville, MO 63830
314-333-3296

Connie Francis
1100 Main St., Suite 2500
P.O. Box 26188
Kansas City, MO 64106
816-421-6620

Last judicial decision:

--Vacating of stay of execution entered upon filing of third petition for habeas corpus (asserting claim of actual innocence). See Guinan v. Delo, 7 F.3d 111 (8th Cir. 1993).

Reported opinions:

FIRST CASE

--Conviction and sentence affirmed on direct appeal by State v. Guinan, 665 S.W.2d 325 (Mo. banc), cert. denied, 469 U.S. 873 (1984).

--Denial of habeas corpus affirmed by Guinan v. Armontrout, 909 F.2d 1224 (8th Cir. 1990), cert. denied, 498 U.S. 1074 (1991).

--Denial of Rule 60(b) motion, construed as second petition for habeas corpus, affirmed by Guinan v. Delo, 5 F.3d 313 (8th Cir. 1993).

--Vacating of stay of execution entered upon filing of third petition for habeas corpus (asserting claim of actual innocence). See Guinan v. Delo, 7 F.3d 111 (8th Cir. 1993).

SECOND CASE

--Conviction and sentence affirmed on direct appeal by State v. Guinan, 732 S.W.2d 174 (Mo. banc), cert. denied, 484 U.S. 933 (1987).

--Denial of post-conviction relief affirmed by Guinan v. State, 769 S.W.2d 427 (Mo. banc), cert. denied, 493 U.S. 900 (1989).

--Stay of execution ordered upon filing of federal habeas petition. See Guinan v. Delo, 722 F. Supp. 572 (W.D. Mo. 1989).

Significant legal issues:

FIRST CASE

--Ake claim regarding trial court's denial of funding for a psychiatric evaluation prior to trial, and effectiveness of counsel in not adequately investigating and supporting the pretrial motion

--counsel's effectiveness in failing to present evidence from Mr. Guinan's relatives concerning his difficult childhood, history of alcohol abuse, and mental state

--Caldwell claim stemming from prosecutor's argument that a death sentence would be reviewed on appeal

--claim of actual innocence stemming from the fact that Richard Zeitvogel, who was convicted and sentenced to life imprisonment for the same murder (and sentenced to death and executed for a separate murder), admitted to stabbing the victim himself, as well as evidence that Mr. Guinan was not in the victim's cell at the time of the crime

--trial counsel's failure to investigate and present evidence regarding Mr. Guinan's organic brain damage, in order to pursue a diminished capacity defense or to assert that Mr. Guinan could not have deliberated over the offense as required for first degree murder, and the cognizability of this claim on a successive habeas petition

SECOND CASE

--effectiveness of trial counsel in failing to request a mental examination or to present psychiatric testimony as to guilt or sentencing

--restraint of Mr. Guinan during the trial

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