LARETTE, ANTHONY J.

DOB: October 1, 1951
Race: White
Gender: Male

Crime and Trial

County of conviction: Warren
Number of counts: One
Race of victim: White
Gender of victim: Female
Date of crime: July 25, 1980
Date of sentencing: October 7, 1981
Date of execution: November 29, 1995

Legal status:

Trial Counsel:

Last judicial decision:

--Vacating of stay entered by district court after filing of successive habeas petition. See LaRette v. Bowersox, 70 F.3d 986 (8th Cir), cert. denied, 516 U.S. 1005 (1995).

Reported Opinions:

--Conviction and sentence affirmed on direct appeal by State v. LaRette, 648 S.W.2d 96 (Mo. banc), cert. denied, 464 U.S. 908 (1983).

--Denial of post-conviction relief affirmed by Larette v. State, 703 S.W.2d 37 (Mo. App. E.D. 1985).

--Denial of post-conviction relief affirmed by LaRette v. State, 757 S.W.2d 650 (Mo. App. E.D. 1988).

--Denial of habeas corpus affirmed by LaRette v. Delo, 44 F.3d 681 (8th Cir.), cert. denied, 516 U.S. 894 (1995).

--Vacating of stay entered by district court after filing of successive habeas petition. See LaRette v. Bowersox, 70 F.3d 986 (8th Cir), cert. denied, 516 U.S. 1005 (1995).

Significant legal issues:

--counsel's failure to investigate and present evidence regarding Mr. Larette's mental health for purposes of competence in the guilt-and-innocence phase as well as mitigation in the penalty phase, in light of the defendant's order that such evidence not be presented

--vagueness of the "depravity of mind" aggravating circumstance, and whether the invalidity of one aggravating circumstance invalidates a death sentence imposed under one or more other aggravating circumstances (i.e., whether Missouri is a "weighing" state)

--whether the state's practice of repeatedly setting new execution dates constituted "cause" for Mr. Larette's failure to present the appropriate issues on state post-conviction review, where counsel's efforts were hampered by having to litigate each new execution date and seek a stay each time

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