MURRAY, ROBERT A. "Tony"

DOB: March 30, 1963
Race: African-American
Gender: Male

Crime and Trial

County of conviction: St. Louis City
Number of counts: Two
Race of victim: African-American/African-American
Gender of victim: Male/male
Date of crime: December 6, 1985
Date of sentencing: February 20, 1987
Date of execution: July 26, 1995

Legal status:

Trial Counsel:
Cathy Kelly

Last counsel of record:
Richard Sindel
8008 Carondelet Suite 301
Clayton, MO 63105
314-721-6040

Last judicial decision:

--Denial of habeas affirmed by Murray v. Delo, 34 F.3d 1367 (8th Cir. 1994), cert. denied, 515 U.S. 1136 (1995).

Reported Opinions:

--Conviction and sentence affirmed on direct appeal by State v. Murray, 744 S.W.2d 762 (Mo. banc), cert. denied, 488 U.S. 871 (1988).

--Denial of post-conviction relief affirmed by Murray v. State, 775 S.W.2d 89 (Mo. banc 1989), cert. denied, 493 U.S. 1093 (1990).

--Habeas corpus denied by Murray v. Delo, 767 F. Supp. 975 (E.D. Mo. 1991).

--Denial of habeas, following Eighth Circuit's grant of Murray's motion to discharge habeas counsel and to have new counsel appointed, and following filing of additional amended petition, affirmed by Murray v. Delo, 34 F.3d 1367 (8th Cir. 1994), cert. denied, 515 U.S. 1136 (1995).

Significant legal issues:

--prosecutor's actual or constructive knowledge of an eyewitness's perjured testimony that she saw Mr. Murray (rather than his brother) shoot one of the victims; the brother subsequently admitted his guilt under oath

--trial counsel's failure to present evidence during the guilt or penalty phase that Mr. Murray was under the substantial domination of his brother, as later revealed by psychological evaluations

--Tyson/Enmund claim regarding relative culpability of Mr. Murray and his broth in the two homicides

--seating of numerous "automatic death penalty" (ADP) jurors in violation of Morgan v. Illinois

--penalty phase instruction requiring jury to find mitigating circumstances unanimously in order to give them effect, in violation of Mills v. Maryland

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