KENLEY, KENNETH
General Information
DOB: September 17, 1960
Race: White
Gender: Male
Crime and Trial
County of conviction: Butler
Number of counts: One (not including two others injured during same series of crime on same day)
Race of victim: White
Gender of victim: Male
Date of crime: January 3, 1984
Date of sentencing: July 13, 1984
Date of execution: February 5, 2003
Trial Counsel:
Trial Counsel:
Perry Rhew (at first sentencing)
Karen Kraft and Robert Wolfrom (at re-sentencing)
Last counsel of record:
Frederick A. Duchardt, Jr.
110 E. 6th St., Box 349
Kearney, MO 64060
Jennifer Brewer
33 Flower Valley # 188
St. Louis, MO 63033
314-831-5531
Legal status:
Last judicial decision:
--Eighth Circuit's denial of Kenley's two remaining claims of trial counsel's ineffectiveness. See Kenley v. Bowersox, 275 F.3d 709 (8th Cir. 2002), cert. denied, 123 S.Ct. 306 (Oct. 7, 2002).
Reported Opinions:
--Affirmance of denial of habeas as to two remaining claims regarding trial counsel's ineffectiveness. See Kenley v. Bowersox, 275 F.3d 709 (8th Cir. Jan. 3, 2002).
--Grant of habeas as to one claim reversed, denial as to other claims affirmed, and case remanded for adjudication of two remaining claims. See Kenley v. Bowersox, 228 F.3d 934 (8th Cir. 2000).
--Death sentence and denial of post-conviction relief following re-sentencing affirmed by State v. Kenley, 952 S.W.2d 250 (Mo. banc 1997), cert.denied, 522 U.S. 1095 (1998).
--Denial of habeas (following original death sentence) reversed by Kenley v. Armontrout, 937 F.2d 1298 (8th Cir.), cert. denied, 502 U.S. 964 (1991).
--Denial of post-conviction relief relating to original sentence affirmed by Kenley v. State, 759 S.W.2d 340 (Mo. App. 1988), transfer denied Nov. 15, 1988.
--Original conviction and sentence affirmed on direct appeal by State v. Kenley, 693 S.W.2d 79 (Mo. banc 1985), cert. denied, 475 U.S. 1098 (1986).
Significant legal issues:
--Whether certain claims regarding trial counsel's ineffectiveness were "adjudicated on the merits" under 28 U.S.C. § 2254, when the state court simply adopted verbatim the State's proposed findings of fact and conclusions of law.
--Trial counsel's failure to present penalty-phase evidence that Kenley had organic brain damage and suffered from a borderline personality disorder
--State PCR court's failure to provide Kenley with notice and a reasonable opportunity to be heard prior to adopting the State's proposed findings of fact and conclusions of law, and cognizability of such a claim on federal habeas
--State's presentation during second sentencing hearing of conduct occurring after first sentencing hearing.