HAMPTON, JAMES HENRY

DOB: March 5, 1938
Race: White
Gender: Male

Crime and Trial

County of conviction: Callaway
Number of counts: One
Race of victim: White
Gender of victim: Female
Date of crime: August 3, 1992
Date of sentencing: September 17, 1996
Date of execution: March 22, 2000

Legal status:

Last counsel of record:
Cheryl A. Rafert
P.O. Box 19763
St. Louis, MO 63144
314-963-9697

Last judicial decision:

--Motion by Jonathan Pincus, M.D., to file a habeas petition on Mr. Hampton's behalf as "next friend" denied by Hampton ex rel. Pincus v. Luebbers, No. 00-8001-MC-W-6, 2000 WL 298913 (W.D. Mo. Mar. 21, 2000), aff'd, (unpublished order, Eighth Cir. Case No. 00-1766), cert. denied, 529 U.S. 1034 (2000)

Reported Opinions:

--Conviction and sentence affirmed on direct appeal by State v. Hampton, 959 S.W.2d 444 (Mo. banc 1997).

--Appeal of denial of post-conviction relief dismissed (upon finding that Mr. Hampton was competent and waived post-conviction relief). See Hampton v. State, 10 S.W.3d 515 (Mo. banc 2000).

--Motion by Jonathan Pincus, M.D., to file a habeas petition on Mr. Hampton's behalf as "next friend" denied by Hampton ex rel. Pincus v. Luebbers, No. 00-8001-MC-W-6, 2000 WL 298913 (W.D. Mo. Mar. 21, 2000), aff'd, (unpublished order, Eighth Cir. Case No. 00-1766), cert. denied, 529 U.S. 1034 (2000).

Significant legal issues:

--Mr. Hampton's competence to waive the privilege against self-incrimination (he confessed on the stand at trial), to be tried, and to waive state post-conviction remedies in light of his mental health and/or retardation (Mr. Hampton shot himself in the head as the police were apprehending him for the instant offense)

--claim under Faretta v. California that the trial court improperly denied Mr. Hampton's numerous motions to proceed pro se

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