LINGAR, STANLEY D.

DOB: April 16, 1963
Race: White
Gender: Male

Crime and Trial

County of conviction: St. Francois
Number of counts: One
Race of victim: White
Gender of victim: Male
Date of crime: January 6, 1985
Date of sentencing: April 18, 1986
Date of execution: February 7, 2001

Legal status:

Last counsel of record:
Jeremy S. Weis
Missouri Public Defender System
324 E. 11th St., 20th Floor
Kansas City, MO 64106

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

Last judicial decision:

--Petition for habeas corpus and application for stay of execution (filed under U.S. Supreme Court original jurisdiction) denied by Lingar v. Luebbers, 240 F.3d 738 (8th Cir. 2001)

Reported Opinions:

--Conviction and sentence affirmed on direct appeal by State v. Lingar, 726 S.W.2d 728 (Mo. banc), cert. denied, 484 U.S. 872 (1987).

--Denial of post-conviction relief affirmed by Lingar v. State, 766 S.W.2d 640 (Mo. banc), cert. denied, 493 U.S. 900 (1989).

--Denial of habeas corpus affirmed by Lingar v. Bowersox, 176 F.3d 453 (8th Cir. 1999), cert. denied, 529 U.S. 1039 (2000).

--Leave to file a successive petition for habeas corpus denied by Lingar v. Luebbers, 240 F.3d 738 (8th Cir. 2001).

--Petition for habeas corpus and application for stay of execution (filed under U.S. Supreme Court original jurisdiction) denied by Lingar v. Luebbers, 240 F.3d 738 (8th Cir. 2001).

Significant legal issues:

--trial counsel's ineffectiveness in telling the jury that it could only consider statutory mitigating circumstances, which effectively prevented the jury from considering Mr. Lingar's history of sexual abuse, substance abuse, and blackouts; a mental evaluation revealing borderline mental retardation, acute paranoid and depressive disorders; expression of remorse; and indications that Mr. Lingar was a good candidate for rehabilitation

--trial counsel's failure to investigate and present the mitigating evidence described above

--trial counsel's concession that Mr. Lingar committed the killing and was guilty of second (but not first) degree murder, without obtaining the defendant's express consent for such a concession

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