OWSLEY, MICHAEL
General Information
DOB: May 7, 1961
Race: African-American
Gender: Male
Crime and Trial
County of conviction: Jackson
Number of counts: One
Race of victim: African-American
Gender of victim: Male
Date of crime: April 18, 1993
Date of sentencing: January 13, 1995
Date of execution: February 6, 2002
Legal status:
Trial Counsel:
James McMullin
Last counsel of record:
Charlie Rogers
Wyrsch, Hobbs & Mirakian, P.C.
1101 Walnut, Suite 1300
Kansas City, MO 64106
(816) 221-0080
George Winger
9233 Ward Parkway, Suite 120
Kansas City, MO 64114
816-941-9100
Last judicial decision:
--Motion to recall the mandate denied by Owsley v. Luebbers, 281 F.3d 687 (8th Cir.), cert. denied, 534 U.S. 1121 (2002).
Reported Opinions:
--Conviction, sentence and dismissal of post-conviction relief affirmed by State v. Owsley, 959 S.W.2d 789 (Mo. banc 1997), cert. denied, 525 U.S. 882 (1998).
--Habeas corpus denied by Owsley v. Bowersox, 48 F. Supp. 2d 1195 (W.D. Mo. 1999), aff'd, 234 F.3d 1055 (2000), cert. denied, 534 U.S. 903 (2001).
--Motion to recall the mandate denied by Owsley v. Luebbers, 281 F.3d 687 (8th Cir.), cert. denied, 534 U.S. 1121 (2002).
Significant legal issues:
--trial court's failure to excuse trial counsel and appoint substitute counsel in light of the irreconcilable conflict between counsel and Mr. Owsley
--trial court's exclusion of evidence that Mr. Owsley was intoxicated by PCP at the time of the offense, as tending to demonstrate that he did not or could not premeditate
--question of whether the PCP-related claim was procedurally barred in state court by the failure of a precise contemporaneous objection, where the record demonstrated the trial court's awareness of the basis of counsel's position that its evidentiary ruling was unconstitutional