NUNLEY, RODERICK

DOB: March 10, 1965
Race: African-American
Gender: Male

CRIME AND TRIAL

County of conviction: Jackson
Number of counts: One
Race of victim: White
Gender of victim: Female
Date of crime: March 22, 1989
Date of sentencing: May 14, 1991

TRIAL COUNSEL: Martin Warhurst and JoAnn Arnold

LEGAL STATUS:

Current proceedings: 

• (blank on purpose)

Last judicial decision: 

• Petition for Cert. denied by the Supreme Court, following the denial of federal habeas, October 3, 2005, Nunley v. Roper, 2005 WL 1811059 (2005).

CURRENT COUNSEL:

Susan Hunt
819 Walnut St.
Kansas City, MO  64106
816-221-4588

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

REPORTED OPINIONS:

• Petition for Cert. denied by the Supreme Court, following the denial of federal habeas, October 3, 2005, Nunley v. Roper, 2005 WL 1811059 (2005).
   
• Affirmance of denial of habeas by Eighth Circuit, Nunley v. Bowersox, 394 F.3d 1079 (8th Cir. 2004, rehearing, en banc, denied by, Nunley v. Bowersox, 3005 U.S. App. LEXIS 3240 (8th Cir. Feb. 24, 2005).
   
• Denial of post-conviction relief following remand affirmed by State v. Nunley, 980 S.W.2d 290 (Mo. banc 1998), cert. denied, 526 U.S. 1100 (1999)
   
• Conviction and sentence affirmed as to direct appeal; denial of post-conviction relief reversed and remanded. See State v. Nunley, 923 S.W.2d 911 (Mo. banc 1996), cert. denied, 519 U.S. 1094 (1997).

SIGNIFICANT LEGAL ISSUES:

• trial counsel's alleged failure to fully inform defendant of options before advising defendant to plead guilty, and failure to investigate factual avenues toward mounting meaningful defense at guilt phase

• court's refusal to permit defendant to withdraw guilty plea after original death sentence was vacated
   
• counsel's limited presentation of mitigating evidence at penalty phase, including presentation of psychiatrist's deposition rather than live testimony

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