NAVE, EMMETT C.
General Information
DOB: September 26, 1940
Race: Native American
Gender: Male
Crime and Trial
County of conviction: St. Charles
Number of counts: One
Race of victim: White
Gender of victim: Female
Date of crime: October 19, 1983
Date of sentencing: August 14, 1984
Date of execution: July 31, 1996
Legal status:
Trial Counsel:
Julian Ossman
Last counsel of record:
Allen I. Harris
4144 Lindell, Suite 128
St. Louis, MO 63108
314-531-9077
Last judicial decision:
--Supreme Court's denial of a stay of execution and petition for writ of habeas corpus (pursuant to Supreme Court's original jurisdiction). See In re Nave, 518 U.S. 1036 (1996).
Reported Opinions:
--Conviction and sentence affirmed on direct appeal by State v. Nave, 694 S.W.2d 729 (Mo. banc 1985), cert. denied, 475 U.S. 1098 (1986).
--Denial of post-conviction relief reversed and remanded for further proceedings by Nave v. State, 737 S.W.2d 526 (Mo. App. E.D. 1987).
--Denial of post-conviction relief, following remand, affirmed by Nave v. State, 757 S.W.2d 249 (Mo. App. E.D. 1988), cert. denied, 489 U.S. 1059 (1989).
--Grant of habeas reversed by Nave v. Delo, 22 F.3d 802 (8th Cir. 1994), vacated and remanded by, Nave v. Delo, 513 U.S. 114 (1995), adhered to on remand by Nave v. Delo, 62 F.3d 1024 (8th Cir. 1995), cert. denied, 517 U.S. 1214 (1996).
--Application for stay of execution and petition for writ of habeas corpus denied by In re Nave, 518 U.S. 1036 (1996).
Significant legal issues:
--Effectiveness of counsel in failing to investigate, discover, and present evidence regarding Mr. Nave's mental health and drug addiction in order to present a defense of diminished capacity or lack of intent.
--Undiligent performance of state post-conviction counsel as "cause" to excuse Mr. Nave's failure to present certain IAC claims in state court proceedings
--Constitutionality of penalty-phase instruction effectively requiring jury to find mitigating circumstances unanimously in order to give them effect