LYONS, ANDREW

DOB: September 21, 1957
Race: African-American
Gender: Male

CRIME AND TRIAL

County of conviction: Scott (on transfer from Cape Girardeau)
Number of counts: 3
Race of victim: African-American/Africa-American/African-American
Gender of victim: Female/Female/Male
Date of crime: September 20, 1992
Date of sentencing: June 28, 1996

TRIAL COUNSEL:

Current proceedings: 

(This space blank)

Last judicial decision: 

• District court's denial of habeas affirmed by Eighth Circuit Court of Appeals, Lyons v. Luebbers, 403 F.3d 585 (8th Cir. 2005), reh'g and reh'g en banc denied at Lyons v. Luebbers, 2005 U.S. LEXIS 11332 (8th Cir. 2005).

CURRENT COUNSEL:

Frederick A. Duchardt
110 E. Sixth Street P.O. Box 349
Kearney, MO 64060
816-628-9095

Michael Walker
5545 N. Oak Street Suite 8
Kansas City, MO 64118
816-455-6511

REPORTED OPINIONS:

• Habeas petition denied by U.S. District Court, Eastern District of Missouri (Shaw, J.,), unpublished memorandum and order dated June 24, 2003.
   
• Denial of post-conviction relief affirmed by Lyons v. State, 39 S.W.3d 32 (Mo. banc), cert. denied, 122 S. Ct. 402 (U.S. Oct. 15, 2001).
   
• Conviction and sentence affirmed on direct appeal by State v. Lyons, 951 S.W.2d 584 (Mo. banc 1997), cert. denied, 522 U.S. 1130 (1998).

SIGNIFICANT LEGAL ISSUES:

• circuit court's verbatim adoption of state's proposed findings of fact and conclusions of law during 29.15 proceedings
   
• trial counsel's failure to call psychiatrists from state hospital as witnesses in support of contention that defendant was not capable of deliberating
   
• trial counsel's failure to call defendant's mother and sister as witnesses during penalty phase
   
• NOTE:  District court granted a certificate of appealability as to whether Mr. Lyons was competent to stand trial and to prosecute his appeal, and as to whether his confession was properly admitted into evidence.  Eighth Circuit expanded the certificate to include a claim that trial counsel was ineffective for failing to investigate and present mental health evidence.

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