LINK, MARTIN

GENERAL INFORMATION

DOB: April 17, 1963
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: St. Louis City
Number of counts: One
Race of victim: White
Gender of victim: Female
Date of crime: January 11, 1991
Date of sentencing: October 17, 1995

TRIAL COUNSEL:

Joe Green and Vanessa Antonia

LEGAL STATUS:

Current proceedings:

Petition for Writ of Certiorari pending in U.S. Supreme Court, Link v. Roper, No. 06A1009.

Last judicial decision:

Judgment of denial of habeas relief affirmed in Link v. Luebbers, 469 F.3d 1197 (8th Cir. 2006). Rehearing and rehearing en banc denied.

CURRENT COUNSEL:

Christopher E. McGraugh
Leritz and Plunkert
One City Centre, Suite 2001
St. Louis, MO 63101
314-231-9600

Jennifer Herndon
33 Flower Valley #188
St. Louis, MO 63033
314-831-5531

REPORTED OPINIONS:

Judgment of denial of habeas relief affirmed in Link v. Luebbers, 469 F.3d 1197 (8th Cir. 2006). Rehearing and rehearing en banc denied.
Certificate of Appealability granted by Eighth Circuit following U.S. District Court's denial of habeas relief, February 3, 2005, Case No. 04-3868.
Habeas denied by U.S. District Court, Eastern District of Missouri, Case No. 00-CV-1597, unpublished order dated Sept. 10, 2004 (by Stohr, J.).

Conviction, sentence and denial of post-conviction relief affirmed by State v. Link, 25 S.W.3d 136 (Mo. banc), cert. denied, 531 U.S. 1040 (2000).

SIGNIFICANT LEGAL ISSUES:

trial counsel's failure to make a record of juror strikes
trial counsel's failure to raise on appeal evidence of the testing of a truck
trial court's admission of officer's testimony opining that a witness's sighting of the murder victim was false
trial counsel's allegedly strategic decision not to present penalty-phase evidence of child abuse suffered by defendant
actual innocence based on requested DNA testing
trial counsel's ineffectiveness during Witherspoon/jury selection phase
State's failure to disclose purported (but previously known) "rebuttal" evidence regarding test performed by police officer to contradict defendant's expert's testimony

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